BISHASHWAR PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THE applicants have been convicted under Section 147, I. P. C. and Section 7 of the Untouchability (Offences) Act. 1955 and sentenced to pay a fine of Rs. 100 and Rs. 50 respectively under the above counts and in default to undergo one month's simple imprisonment.

(2.) THE prosecution case briefly is that on the 5th of May. , 1961, P. W. Puran Singh, who is Dom Harijan by caste and Thakur Matbar Singh went together to village Bhatkoti. The Thakur was thirsty, so he asked his companion to get some water. Accordingly Puran Singh fetched and gave water to him. The giving of water by a Harijan to a Thakur was disliked by the accused, who are Thakurs by caste, with the result that a Panchayat was held at the house of Bisheshwar Prasad (applicant No. l) on 7-5-1962. The meeting was attended by the other applicants as well, Puran Singh and his relative Singhu Singh were also called to answer whether Puran Singh had given drinking water to Matbar Singh who is a high caste Thakur. Both the aforesaid Doms admitted the fact that Puran Singh had given water to Thakur Saheb. Thereupon they were asked to pay a fine RS. 500, within a week to meet the expenses of Shuddhi or Chandrayani of Thakur Matbar Singh. On failure by P. Ws. Puran Singh and Singhu Singh to comply with the directions of the Panchayat, a meeting was again held on 18-5-1962 in the Panchayati Chowk of the village, which was also attended by the applicants and a few others. This time P. Ws. Puran Singh, Singhu Singh and Hoshiar Singh were forcibly brought before the Panchayat and were asked to pay the amount of compensation, which they declined to do. Thereupon Hari Singh, Prem Singh and Bishal Singh fastened the hands of P. W. Singhu Singh with a cord while Bisheshwar Prasad applicant save him a beating with fists and also pulled his moustaches. Singhu Singh remained tied with a rope from about 12 A. M. to 5 or 6 P. M. On the intervention of Buddhi Bam accused (since acquitted) the amount imposed by the Panchayat on the said Harijana was reduced from RS. 300 to RS. 101. The victims were further threatened by the applicants with dire consequences in cage they went to lodge any report at the Police Station. On 20-5-1962 a letter was sent by P. W. Singhu Singh to his nephew P. W. 1 Gambhir Singh of Delhi. It was forwarded to the village Patwari who got the instant cage registered against the accused persons After. wards the Kanungo had investigated the matter, the accused were challaned.

(3.) ALL the accused denied the above allegations and stated that they had been implicated due to enmity with the complainants. It was also con. tended that the applicants were hissedars in the village and bad taken back certain lands from the Harijans in the last Settlement, which had displeased them, with the result that they had brought this forged complaint against the accused.