VIKRAM SINGH AND OTHERS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Present Criminal Appeal arises out of a judgment and order of the trial court dated 8.10.2001 passed by the learned Additional Sessions Judge, Pithoragarh in Sessions Trial No. 16 of 1997 (25/2001) convicting the present appellants under Sections 147, 323 read with Section 149 and 506(2) IPC and thereby sentencing them for two months of simple imprisonment under Section 147 IPC, one month of simple imprisonment under Section 323 read with Section 149 and two months of simple imprisonment under Section 506(2) IPC. All the accused were also convicted and sentenced for six months simple imprisonment under Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) Brief facts of the case are that a First Information Report was lodged by the complainant on 10.9.1995 at about 4.30 pm at Police Station Jhoolaghat, Pithoragrah alleging that on 9.9.1995 at about 8.00 AM while he was raising linter in a building which was commissioned through "Gram Pradhan", the accused came to the spot and used insulting words pertaining to his caste "Doom" and thereafter had a fight with the complainant. In short, the incident is that in the village certain constructions were being funded by State Funds which were being carried out by the "Gram Pradhan" (PW1) through complainant Budhia Ram, who belongs to a Scheduled Caste Community. The appellants before this Court, who were residents of the same village were resisting this construction, as according to them such a construction could only have been given to the villagers who belong to the same village and not to outsider such as Budhia Ram. Hence, this incident. Subsequently the complainant in his FIR also alleges that after the incident when he went to nearby market, he was again apprehended by all the accused who again used derogatory caste words against him. Hence an FIR was lodged by the complainant.

(3.) The prosecution in order to support its case produced as many as 3 witnesses.