HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No. 167/1998 Lal Singh and another Versus State of Madhya Pradesh _______________________________________________ For the Appellants : Shri Sanjay Patel, Advocate. For the Resp./State : Ms. Savita Chourasiya, P.L. _______________________________________________ Present: Hon'ble Mr. Justice S.C. Sinho _______________________________________________ J U D G M E N T ( 17/11/2011) Appellants have filed this appeal being aggrieved by the judgment and conviction passed by Special Judge, Damoh in special case no. 391/96 vide impugned judgment dated 8/01/98 whereby appellant no. 1 being convicted u/s 294, 323 of IPC has been sentenced to undergo RI for 3 months on both count and u/s 3 (1) (xi) of the SC/ST (Prevention of Atrocities) Act sentenced to undergo RI for 6 months. Appellant no.2 being convicted u/s 294, 323 of IPC has been sentenced to undergo RI for 3 months on both count and u/s 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act sentenced to undergo RI for 6 months. 2. The case in brief is that on 21/07/96 at about 10.00 AM at village Jhinna appellant Lal Singh alongwith his wife Malti Bai were taking bath on a government tap of the village. Meanwhile, complainant Meera Bai who was a member of Scheduled Caste community reached there and started taking water from the tap. Due to this appellants have thrown her utensils and said that without asking why she is taking water from the tap and wife of appellant Smt. Malti Bai assaulted her and used filthy language. Just after the incident Ex.P-1 FIR was lodged. After due investigation, charge sheet was filed. 3. I have gone through the record. 4. Shri Sanjay Patel, learned counsel for appellants has submitted that no case u/s 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act is made out. Complainant Meera Bai has specifically stated that when appellant Lal Singh was taking bath on govt. tap and his wife Malti Bai was taking water from the tap, she tried to take water therefore, this unfortunate incident has taken place. Meera Bai has specifically stated in para 7 of the cross examination that govt. tap is located in Harijan mohalla and all the member of the harizan community as well as other community are using the tap. Apart from this PW-2 Chanda Bai, sister of complainant has stated that she has only seen that appellants were assaulting her sister bud she did not supported the version of complainant that appellants have used filthy language. PW-3 Heera Bai and PW-4 Mannu is mother and brother of complainant. They were not on the spot and the whole incident was narrated to them by complainant Meera Bai. In these circumstances, the statement of Meera Bai is not supported by her own sister PW-2 Chanda Bai, the only eye witness produced by the prosecution. Further as per prosecution case aforesaid tap was located at the harizan mohalla and all the members of Scheduled Caste (chamar) community used to take water from the tap even then appellants were taking water from the same tap. 5. It is held in Jasrat Singh and another Vs. State of Madhya Pradesh, 2005 (4) MPHT that merely calling a person by his caste without proof of intention to insult/intimidate/humiliate will not constitute and offence u/s 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act. Complainant has not stated before the court below that which abuses were used. Further PW-3 Heera Bai has stated that complainant has narrated that appellants used filthy language. On the same day Meera Bai was examined by PW-8 Dr. D.P. Sharma who submitted Ex.P-2 report and found fresh lacerated wound on her head and contusion on her left hand. Appellants remained in jail from 3/08/96 to 5/08/96. 6. Resultantly, appeal is allowed in part. Appellants are acquitted from the offence u/s 294 of IPC and u/s 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act. Maintaining the conviction u/s 323 of IPC appellants are sentenced for the period already undergone (i.e 3/08/96 to 5/08/96). The fine amount of Rs. 1000/- each is imposed on each appellants in default to payment of fine they will suffer further SI for one month. The whole fine amount shall be paid to complainant Meera Bai, w/o Bablu @ Todal, R/o Mautai Athai P.S. Damoh by way of compensation u/s 357 of Cr.P.C by the trial court. 7. With this modification, the appeal is allowed in part. Copy of this order be sent to the trial court for information and compliance. (S.C. Sinho) Judge nn