STATE Vs. PURANCHAND

JUDGEMENT

(1.) THIS is an appeal under Section 417 Criminal Procedure Code filed by the State Government against the order of the Sessions Judge Ujjain acquitting the non-applicant of an offence under Section 3 of the Untouchability (Offences) Act (No. 22 of 1955 ). The accused was tried summarily under Section 260 Criminal Procedure Code in Criminal Case No. 114 of 1955 and was sentenced to imprisonment for one month and a fine of Rs. 50/- only. He went up in appeal and the learned Sessions Judge set aside the conviction and acquitted him.

(2.) THE non-applicant is admittedly the Pujari of a Jain temple in Ujjain. The prosecution case was that on 6-10-1955 the complainant Mohanlal who is Balai by caste, went to have a Darshan at the temple but the non-applicant locked the door of the temple and did not allow him to enter the temple and have a Darshan on the ground that he was an untouchable,

(3.) THE non-applicant denied that he had locked the door of the temple or had prevented Mohanlal from entering the temple or having a Darshan. He further stated that the temple is a Jain temple and as Mohanlal was not a Jain, he had no right to insist upon entering it.