CHANDER KALAN Vs. RAMESHWAR

JUDGEMENT

(1.) The present revision petition has been filed Under Section 397 read with Section 401 Code of Criminal Procedure against the order dated 11.3.2010 passed by learned Sessions Judge, Bhiwani, vide which it was held that prima facie case punishable Under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'SC & ST Act') is not made out against the Respondents-accused and hence they were discharged for the said offences and the case was remanded to learned Magistrate for trial of Respondents-accused for offences punishable Under Sections 323 and 506 of the Indian Penal Code (for short the 'IPC') only.

(2.) Briefly stated the present revision-Petitioner filed a complaint for offences Under Sections 323/506 IPC and Section 3(1)(x) of the SC & ST Act against the Respondents-accused before learned Illaqa Magistrate on the brief allegations that complainant belongs to chamar caste and Respondents-accused belong to Jat caste. She was engaged in preparing/cooking mid day meals in Government Primary School of the village since 2005. Respondents-accused used to play fraud in the purchases and distribution of the items purchased from the financial assistance granted by the Government for the poor children and when the complainant-revision Petitioner objected to it, Respondents and some other villagers started nurturing ill-will against her.

(3.) On previous occasion as well Respondent No. 2 and some other villagers, who belong to same village and to Jat community, had come to the house of the complainant and hurled filthy abuses to her and passed insulting and derogatory remarks in the name of her caste and she had also filed a complaint in this regard. Hence, she was not taken in job and was pressurized to withdraw the proceedings initiated by her against the accused. On 1.4.2008, complainant alongwith her husband had gone to school and however the Headmaster told her that she had already been removed from the service. She was present near the main gate of the school when accused persons reached there and abused her. They used derogatory remarks against her caste by uttering "Tu chamari, tu dedhani iss chamar dedh ko apne saath le kar school mein kya karne gayi thi." They also told her that they had obtained stay against her. They further remarked that "Tare chamari ddhedani ke hathon se bona khan hamare uchch jaati ke bachche khayenge? On this complainant told the accused that they are from higher caste and hence it is highly inappropriate to address poor people like her belonging to scheduled caste in such a manner. Thereafter accused No. 1 gave slap blow on her face and when accused No. 2-Umed Singh tried to hit her, her husband caught hold of him and then they grappled with her husband as well. Accused -Bablu @ Anil also stated that they are low caste people and that they should not talk to them and they would throw them out of the village. The occurrence was witnessed by Mahender Sheoran, Kuldeep and some other villagers.