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(Passed on 28/09/2022) 1] This judgement shall also govern the disposal of Criminal Appeal No.634/2009, filed on behalf of appellant Kailash, Criminal Appeal No.699/2009 filed on behalf of appellants Bablu, Rakesh, Dilip, Guddu @ Bhanwarlal, Jamnalal, Shantilal and Ganesh, and Criminal Appeal No.1154/2009 filed by the State. These appeal are arising out of the judgement dated 01/05/2009 passed in Special Case No.46/2006 by the learned Special Judge under S.C./S.T. (Prevention of Atrocities) Act, Ratlam (M.P.) whereby learned Judge of the Trial Court, while acquitting all the accused persons under Section 3(2)(5) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, has convicted them as under:-
Following accused persons have been acquitted by the learned Judge of the Trial Court for charges as mentioned herein below against which the State has filed Cr.A.No.1154/2009 :-
Ramswaroop Section 302/149, 148, 449, 325/149, 324/149, acquitted 323/149 of IPC and Section 3(2)(5) of SC/ST Act Suresh Section 302/149, 148, 449, 325/149, 324/149, acquitted 323/149 of IPC and Section 3(2)(5) of SC/ST Act Raju @ Rajeev Section 302/149, 148, 449, 325/149, 324/149, acquitted 323/149 of IPC and Section 3(2)(5) of SC/ST Act Ramesh Section 302/149, 148, 449, 325/149, 324/149, acquitted 323/149 of IPC and Section 3(2)(5) of SC/ST Act Mukesh Section 302/149, 148, 449, 325/149, 324/149, acquitted 323/149 of IPC and Section 3(2)(5) of SC/ST Act 2] In brief, the facts giving rise to the present appeals are that the complainant (PW/3) Bablu @ Sandeep S/o Rajkumar, a resident of village Malvasi, District Ratlam lives along with his father Rajkumar. Nearby their house, there is an open plot, regarding which the complainant and the accused persons were having some dispute in the Court also and because of which an enmity was also going on between the parties. It is alleged that on 02/11/2005, at around 9:30 pm, when the complainant's father deceased Rajkumar and uncle, deceased Vishnu Prasad were feeding their cattle in the house, and, deceased Rama Bheel and deceased Hariya Bheel were having some conversation in front of their house at that time, the appellants herein as also other five acquitted accused persons came to their house, armed with various weapons and told Hariya and Rama Bheel that they would finish Rajkumar and his relatives residing with him, and at that time, in order to save themselves, complainant's father, his uncle Vishnu Prasad, Hariya and Rama entered into the house and closed the doors but the accused persons persisted in their efforts and broke the cement sheet roof of the house and entered from roof gap in the house. They brought out the complainant's father Rajkumar, his uncle Vishnu Prasad, Hariya and Rama Bheel and started assaulting them with various weapons which they brought with them. After the accused persons exited from the spot, the complainant saw that his father was lying unconscious in front of the house having many injuries, Hariya Bheel was lying dead behind the railway station, both his legs were broken and had injuries all over his body and nearby Rama Bheel was also lying in injured state, he had a head injury and other injuries also. Complainant Sandeep's uncle Vishnu Prasad's body was also lying behind a bench at the railway station platform and his head and face were torn and he also had various injuries on his person. Complainant Pw/3 Sandeep also tried to intervene in the matter but he was also assaulted by the accused persons and thus he also suffered injuries on his right hand and left leg. Dehati Naleshi Ex.P/9 was got recorded by Sandeep Yadav at 22:15 hours in respect of the incident which took place at 21:30 hours on 02/11/2005. After the charge-sheet was filed and the case was committed, the case was tried by the Trial Court and the learned judge of the trial court, after recording the evidence, while acquitted all the accused persons from Section 3(2)(5) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, has also acquitted five accused persons from all the charges, however, found the appellants hereinabove guilty and sentenced them accordingly as aforesaid, hence these appeals. The State has also filed Criminal Appeal No.1154/2009 against the acquittal of all the accused persons under the provisions of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the acquittal of five accused persons under the substantive charges of IPC.