STATE OF M.P. Vs. MULLU

JUDGEMENT

(1.) THIS revision is preferred by the State against the order dated 23.1.1992 passed by the learned Special Judge, Panna in Special Case No. 143/91 discharging the accused for the offence under section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) and directing that the challan and other material papers should be returned to the police for presentation to the Magistrate having jurisdiction to try the other offences mentioned in the charge sheet.

(2.) THE prosecution case is that where the complainant who is an assistant linesman in the M.P. Electricity Board in the due performance of his duties had climbed up on an electric pole to cut of the electric supply line of Bhagwandas Sahu, the two accused came there armed with lathies and abused him with the words 'Bagri madar chod, bhosdiwalley harijain, tumhari me; chod dange' and' as soon as the complainant got down the pole is connecting the electricity, he was attacked with lathies by the two accused who are no other than the sons of Bhagwandas Sahli.

(3.) IF the allegation of the prosecution is only to the extent that having being engaged by the conduct of the complainant in disconnecting the electricity the accused abused the complainant, the decision of the learned Special Judge could have been accepted. At the stage of framing of the charge it is the duty of the trying Judge to rely upon the entire prosecution case its pleaded by the prosecution. When the specific case of the prosecution is that the two accused came armed with lathies and abused the complainant with the following words - 'Bagri madar chod, bhosdilvalley harijan, tumhari ma dinga, 'it can be said prima facie that the intention of the accused was to insult or intimidate with intent to humiliate the complainant in a place open to public as he was a member of scheduled caste. The fact that the said insult" were hurled in the presence of Bari Prasad, Trilok Singh and Raghunath Prasad who intervened and accused the complainant shows that the alleged insults and intimidation was within the public view.