GHANSHYAM KALA Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 9.02.1993 passed by Special Judge (Sessions Judge), Tehri Garhwal in S.T. No.5 of 1991, State Vs. Ghyanshyam Kala, whereby the learned Special Judge (Sessions Judge) has convicted the appellant/accused under Section 3(x) of The Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the Act) and was sentenced to undergo one year R.I. with fine of Rs.1,000/ - and in default of payment of fine, three months' further R.I. was awarded.

(2.) I have heard learned counsel for the parties and perused the entire material available on record.

(3.) IN brief, the prosecution case is that P.W.1 Kirpa Lal Vishwakarma lodged an FIR on 8.9.1991 at P.S. Tehri with the averments that he was the Principal of Govt. Inter College, Rajakhet, Tehri Garhwal and the appellant/ accused Ghanshyam Kala was posted as Chowkidar in the aforesaid college. In the night of 6.9.1991, appellant/ accused was found absent from his duties. On 7.9.1991 at about 10:00 P.M., appellant/accused came along with his companions at the residence of complainant and hurled filthy abuses to him and with the intention to kill the complainant, assaulted at the door and the appellant/ accused also challenged the complainant to come out of the room and said "lkys MkseM+s eknj pksn ckgj fudy vkSj eSa rq>s rFkk rsjs cPpksa dks tku ls ekjrs gSa] rsjk vks MksaeM+s ;gk ij dksbZ j[kokyk ugha gS vkSj rq>s vkt ge vkt ftUnk ugha NksM+saxs D;ksafd rwus esjh xsj&gkftjh D;ksa yxkbZZ -. After raising the alarm by the complainant, the neigbourers came on the place of occurrence and saved complainant's life. Appellant/accused and his companions were continued making noise till 2:00 AM in the night. Due to the above - said incident, the complainant felt insulted, tortured and the above -said defamatory words were used against him. With these averments, the FIR Ex.Ka -1 was lodged by P.W.1 Kripalal Vishwakarna at P.S. Tehri on 8.9.1991 at 5:30 PM. On the basis of this FIR, Chik FIR was prepared by Constable Clerk Lakhi Ram Raturi, i.e. Ex.Ka -2. The entry was also made by him in the G.D., the carbon copy of which is Ex.Ka -3. Investigation of this case was initially entrusted to S.I. R.C. Sidhaula and later on the investigation was transferred to SSI K.P. Singh (P.W.5). The I.O. during the course of investigation inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka.4. During the course of investigation, the I.O. recorded the statements of witnesses and after completing the investigation, he filed the charge sheet against the appellant/accused in the court of Special Judge (Sessions Judge) Tehri, i.e. Ex.Ka.8.