PRAHALAAD KURMI Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition under Section 397/401 of Cr. P. C. is directed against an order dated 28th April, 2011 in Special Case No. 29/2011, by the Special Judge (SC & ST), Datia framing thereby charge against the petitioners-accused for commission of offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocity) Act, 1989. The facts in short, just for the decision of this revision petition are that on 3rd August, 2010 at about 9 P. M. on the front door of the complainant's house at public place, the accused/petitioners (not belonging to SC/ST) being members of an unlawful assembly, in prosecution of their common object caused injuries to the complainant and also abused the filthy words with an intention to insult him, after entering into his house. The FIR was lodged and after investigation, the charge-sheet was filed. Trial is under progress.

(2.) The contention of the learned counsel for the accused-petitioners are that the genesis of the crime is that the complainant drove out the she Buffaloes of the accused-party from his agricultural field. There was no intention on the part of the accused to abuse the filthy words belonging to caste with an intention to humiliate/insult the complainant or his family members, who belonged to Scheduled Castes. It is submitted that there is no ground available nor ingredients constituting such offence as mentioned above from perusal of the charge-sheet and the evidence collected during investigation appear. Therefore, it is requested that the charge framed against Section 3 CD (x) of the Act against the petitioners/accused be set aside. In support of his submission, learned counsel placed reliance on the decision of this court in the case of Ravi Sharma vs. State of M. P., 2010 3 MPWN 77.

(3.) Per contra, learned Panel Lawyer for the respondent/State supported the impugned order and prayed for dismissal of the petition.