DHANRAJ SINGH Vs. STATE U P

JUDGEMENT

(1.) This judgment shall govern the disposal of all the aforesaid appeals.

(2.) Appellant in Criminal Appeal No. 443/ S9 has been convicted under S. 3(1)(4) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (Act for short) and sentenced to undergo six months' imprisonment and fine of Rs. 500/-. Appellant in Criminal Appeal No. 14/01 has been convicted under S. 3(1)(10) of the Act and sentenced to undergo six months R.I. and fine of Rs. 500/-. Appellant in Criminal Appeal No. 649/98 has been convicted under S. 3(1)(x)of the Act and S.323, I.P.C. and sentanced to six months S.I. and fine of Rs. 700/- respectively.

(3.) Short facts of the case in Criminal Appeal No. 443/99 are that complainant lodged a report that Government had provided him some land on Patta which he used to till. Appellant forcefully encroached upon the same and has sown Soyabean. On objection from complainant, appellant said "Bhaag Ja Basod Nahin to Maaroonga" and started quarrelling. Facts of the case in Criminal Appeal No. 14/01 are that complainant is a member of Scheduled Castes. On 9-9-1999 at 6 in the evening complainant went on Gagroo Ghat river to take bath and started bathing on the upper side of the river and downside of which appellants were also bathing. Appellants told the complainant that he belongs to "Mehtar" (Scheduled Caste) community, therefore he should not take bath on the upper side. Complainant objected and on this appellants-Amar Singh and Khilan Singh started abusing and appellant-Khilan Singh gave a Farsa blow to him which caused him injury in his right hand finger. In Criminal Appeal No. 649/98 complainant-Champa used to do "Harvai" at the field of Sarpanch Gulab Singh. Sarpanch was sitting in the temple where appellant was also sitting. When Champa came on the temple to call the Sarpanch at the instance of his wife, appellant insulted him, abused him and slapped him. One Bhanwarial came to intervene who was also slapped by the appellant. Incident was witnessed by Gyan Singh, Devendra Singh etc.