POKHAI Vs. DINA

JUDGEMENT

(1.) THIS is an appeal against the acquittal of the respondents Dina and others of offences, under section 500 IPC and 4 (3) of the Untouchability (Offences) Act, 1965, hereinafter referred to as the Act. Appellant Pokhai is Raidas (Chamar( by caste and is the Chaudhary of the community. The respondents also belong to the same community. The complainant-appellant used to carry on business in leather.

(2.) ON 28-6-78 the appellant filed a complaint naming all the respondents with the allegation that the latter were unlawfully outcasting him from the community and had defamed him. It was stated that for quite some time the respondents were asking him to desist from carrying on his business of leather to which he was not agreeable, with the result that the respondents were threatening to ex-communicate him and not to participate or take meals at such ceremonial functions like marriage where he, the complainant, appeared, participated and took meals. In particular on 1-6-78 when the appellant went to attend the dinner of the marriage of the son of Nanda Chamar in village Malaha on a proper invitation, the accused-respondents declared that if the former participated in the function, they would not take meals. In consequence the plaintiff left the place and did :not participate in the function. The complainant then called a village Panchayat on 25-6-78 which took a decision that the complainant-appellant would be free to carry on his trade in leather and he would not be ex-communicated by any one. Inspite of this decision the respondents continued to denigrate him which has caused the great set back of his reputation, dignity and prestige. He, therefore, prayed for the prosecution of the respondents.

(3.) AT the time of hearing of this appeal no one appeared on behalf of the respondents. I have gone through the record with the aid of the learned counsel for the appellant who does not press for the prosecution of the respondents for the offence under Section 4 (3) of the Act. His contention is that on the own findings of the trial court, as also according to the evidence on the record, it was fully established that the respondents were openly excommunicating the appellant so much so that he had suffered in his reputation, respect and esteem which he had earned as a respectable member and. a Chaudhary of the community. It is urged that the appellant's reputation has been lowered in the estimation of others. There seems to be substance in the contention of the learned counsel for the appellant.