ISHWARBHAI RAMSINGBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 13.8.1991 rendered by the Special Judge, Nadiad in Special Case No.20 of 1991. The appellant herein was the original accused. He was charged with offence punishable under section 3(1)(10) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter to be referred to as "the Atrocities Act") as well as under section 506(2) of the Indian Penal Code.

(2.) THE learned Special Judge convicted the appellant under the said sections and sentenced to simple imprisonment for 6 months and 1 month respectively and also ordered to pay fine of Rs.100/ - each.

(3.) AS per the prosecution, the appellant had used derogatory language pertaining to the caste of the complainant and also threatened to kill him on 11.4.91 when the two had met at a road. Apparently, wife of the accused had carried some soil in a vessel from the field of the complainant. The complainant had, therefore snatched away the vessel. Sometime thereafter, the accused and the complainant met. The accused was enraged by the behaviour of the complainant of having snatched away the vessel in which his wife was carrying soil. He, therefore, used derogatory words against the complainant and threatened to kill him showing a stick which he was carrying in his hand. Chimanbhai, complainant, PW -1 was examined at Ex.5. He stated that he belongs to Scheduled Caste. The incident took place on 11.4.91. At 11.30 in the morning, he had gone to his field. When he went, he found that wife of the accused was carrying soil in a vessel from his field. He, therefore, took away the vessel from her and came to the house of his nephew. From there when he was going to his house on the way, he met the accused who was carrying a stick. He abused the complainant in the name of his community and threatened to kill him.