BEHARI LAL Vs. STATE

JUDGEMENT

(1.) THIS reference has been made by the learned Civil and Sessions Judge, Tehri Garrhwal, recommending that the conviction of the applicants under Section 6 of the Untouchability (Offences) Act, 1955 be altered into a conviction under Section 7 (1) (b) of the same Act.

(2.) THE facts of the case as have been found established by the Courts below are, in brief, as follows: On 29-5-1962 respondents were taking water from a public water tap. Sundari Devi came there after responding to call of nature and wanted to wash her hands. The respondents prevented her from taking water from the tap on the ground that she happened to be a daughter of a scheduled caste (Dome) and when she tried to take water then respondent Bihari Lal got angry as she had touched his utensils and exclaimed that she being the daughter belonging to a scheduled caste has profaned him by touching his utensils and successfully prevented her from taking the water. These facts were found established by the Magistrate and he convicted the respondents under Section 6 of the Untouchability (Offences) Act and sentenced them to a fine of Rs. 20 each. On revision the learned Sessions Judge agreed with the Magistrate that the facts alleged against the respondents had been established but he was of opinion that they made out a case under Section 7 (1) (b) of the Untouchability (offences) Act and Section 6 of the same Act was wholly inapplicable.

(3.) LEARNED counsel for the applicants have argued that no case has been made out against them under any section of the Untouchability (Offences) Act. Learned counsel says that even if Bihari Lal and his wife protested when Sundari Devi touched their utensils, they did not commit any offence.