BINDESHARI PRASAD Vs. STATE

JUDGEMENT

(1.) This is a revision by Bindeshwari Prasad against the order of the Assistant Sessions Judge of Etawah confirming his conviction for offences under S 3 (i) (c) and under Section 3 (ii) of the U. P. Removal of Social Disabilities Act (XIV of 1947).

(2.) The applicant was the proprietor of Rashtriya Swatantra Bhojnalaya, Etawah on the 16th of ~June, 1952 and was its proprietor in December, 1952 as' well. Several persons including Swami Chhamanand, Chamar by caste, went to this hotel for a meal on the night of the 16th of June, 1952. Three of them happening to arrive earlier and belonging to other castes went inside the chowka portion and took their meal there in brass utensils. Swami Chhamanand and two others belonging to Kumhar and Nai castes reached a little later. The applicant prevented Swami Chhamanand. from going inside the chowka and told him. that he would be served his meal on the Takhat in the compound and on pattals. He and his companions came away from the hotel.

(3.) The accused contended that the hotel possessed no brass utensils of its own and that regular customers deposited their brass utensils if they liked to have food in them. The hotel served food in china vessels or leaf pattals. He was not questioned about his preventing Swami Chhamanand from going inside the chowka and he gave no explanation for that allegation.