KANDRA SETHI Vs. METRA SAHU AND ANR.

JUDGEMENT

(1.) THIS is a complainant's appeal against an order dated 31 -8 -1962, passed by the Sub divisional Magistrate, Bonai, acquitting the Respondents of the charge under Section 3 of the Untouchability (Offences) Act, (Central Act No. 22) 1955.

(2.) THE complainant is a was herman by caste. According to him an Astaprahari Kirton was held in village jamakoie on 12 -2 -1962 to which the villagers and the neighboring villagers were also invited to perform Namasankirtan. About 150 persons including the complainant came to attend the function. When the complainant and one of his companions arrived at the place, they were prevented by the accused persons from participating in the function on the ground that they were Dhobies and belong to Harijan class. The complainant protested, but to no effect Thereafter he lodged the present complaint.

(3.) THE learned Magistrate held that though the function was not held exclusively at the expenses of D.W. 2, yet this being a private function not being held at a place of public worship Section 3 of Act 22 of 1955 had no application to such a case. He thus acquitted the accused persons and it is against this order of acquittal the present appeal has been filed.