JASWANT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT Jaswant Singh has challenged the judgment and order of conviction and sentence dated 06.09.2003 recorded by the learned Trial Judge against him. Sessions Trial No.74 of 1997 was culminated into the conviction of appellant for the offences of section 323/34 and 506 IPC read with section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter will be referred to as SC/ST Act]. He was however, acquitted for the offence of Section 504 IPC. Remaining three accused persons were also acquitted by the Trial Court from all the charges levelled against them.

(2.) APPELLANT Jaswant Singh and complainant Harish Chandra (PW1) are the residents of same village having their agricultural fields in the outskirts of the same area. On 15.7.1994, some residents of that village, namely, Kishan Ram, Chimman Prasad and Gurbax Singh Singh asked PW1 to supply water for irrigation of their fields which the latter was able to draw by his tube -well being operated by some engine. PW1 agreed but apprehended that the pipe to supply the water will pass through the agricultural field of appellant and the same may be objected. The persons asking the water assured him that they will take care of objection of the appellant. So, PW1 agreed to supply the water. After doing so, PW1 returned his home at 5 PM. Soon after, the appellant came there expressing his anger and objection for carrying the water pipe through his field. Somehow, appellant returned his home at that time but he came back again at around 7 PM along with three accused persons. Using the caste indicative words, the ladies of the house of complainant as well as his father and brother -in -law were beaten by giving blows of Lathis and batons. The first information report was lodged next day at 12:50 PM. The distance of police station from the place of occurrence is 22 kilometers.

(3.) THE trial resulted into the conviction of appellant as aforementioned while the court below acquitted rest of the accused persons by giving the benefit of doubt to them.