NAROTTAM SAHU Vs. SHYAMA BARIK AND 2 ORS.

JUDGEMENT

(1.) THIS is an appeal filed by the complainant against an order of acquittal passed in complaint case No. 1 C.C. 216 of 1969 wherein Respondents 1 to 3 were being prosecuted under Section 6 of the Untouchability (Offences) Act, 1955 (Act XXII of 1955) and accused 4 to 20 under Section 7 of the said Act, in the circumstances stated hereinafter.

(2.) THE defence was various namely, that the Sundhis are not treated as untouchables; that they do take part in all festive occasions of the village; that they contribute for the holding of all the ceremonies of Dola Jatra, Car Festival and Chandan Jatra etc. that some of the Sundhis sold liquor publicly for which there was some agitation against them; that the complainant and his friends who are said to be studying in colleges while coming to the village create all sorts of disturbances resulting inconvenience for the movement of the village; that they instigated the villagers to fish from the tank of the village Zamindar to which they did not agree; that they kept the funds of the village and did not render accounts for which there has been bitterness and as a result thereof, the present case has been falsely started.

(3.) THE plea of barber Shyama was that he did not know how to shave, that of Naran Barik was that on 2 -6 -1969 he was not at his home and that of Dharmananda Barik was that he is not the usual barber of the complainant, but it was one Shankar who was to serve him and not himself.