HARI SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE material disclosed in the challen papers shows that on the date of the incident when Jai Ram a Harijan, was returning to his' house from the market, four persons named Harisingh, Pannalal, Ramprasad and Jagannath, who are Kachhis, beat him with Khatoona and sticks. The beating was done on account of previous enmity between the parties. On this material, the learned Special Judge by order dated 20 -9 -1992 framed charges under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the Atrocities Act) and section 325/34 I.P.C. against them. Two of the four accused persons named Harisingh and Ramprasad have come to this Court in revision aggrieved by the order framing charges against them, Jairam in his F.I.R. or even in the police statement has not stated that he was insulted and intimidated by the accused persons by reasons of his belonging to Scheduled Caste. His version was that he was beaten because the accused persons had previous enmity with him. In other words, the beating had nothing to do with Jairam being member of the Scheduled Caste but beating took place because of previous bad blood between the parties. The offence under section 3 (1) (x) of the Atrocities Act requires that intention should be "to humiliate a member of a Scheduled Caste or a Scheduled Tribe." Such intention would be made out when a member of Scheduled Caste or Scheduled Tribe is insulted or intimidated on account of the fact that he belongs to Scheduled Caste or Scheduled tribe. Such intention is not made out when a person of Scheduled Caste or Scheduled Tribe is beaten, as in this case, because of existence of bad blood between the parties. This Court is definitely of the view that offence under. section 3 (i) (x) of the Atrocities Act was not made out even prima facie. The learned Special Judge wrongly charged the accused persons of that offence.

(2.) THE revision is allowed. The impugned order of Special Judge in so far as it charges the accused persons of the offence under section 3 (i) (x) of the Scheduled, Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is set aside. The accused persons are discharged of that offence. The Special Judge shall now proceed further in accordance with law.