STATE OF HARYANA Vs. RAMESHWAR

JUDGEMENT

(1.) The State of Haryana has filed this application seeking leave to appeal against the judgment dated 8.12.2009, passed by the Special Court, Yamuna Nagar at Jagadhri, whereby accused Rameshwar (respondent herein) has been acquitted in case FIR No. 34 dated 15.2.2007 under Sections 323, 324, 326, 506 I.P.C. and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'), Police Station Chhappar.

(2.) In the present case, complainant Raman Kumar as well as the respondent-accused are 'Mistris' working in the tractor workshops. The complainant was working in the tractor workshop of Balwinder Singh, whereas the respondent-accused himself was having the workshop adjoining the workshop of Balwinder Singh. After three days of the alleged occurrence, complainant Raman Kumar lodged the FIR alleging therein that on 12.2.2007, when he was sitting on a bench in front of his shop, then the respondent-accused, who was also sitting there, asked him to bring a chair for him by calling him by the name of his caste. When the complainant refused and replied the respondent-accused by naming his caste, he got enraged and caught hold of the complainant from his neck and a scuffle took place. The shopkeepers from the neighbourhood separated them and the respondent-accused went back to his shop. After some time, he came back with a sharp edged iron rod and again called the complainant by his caste name and started beating him. He caused injuries on the head, right arm, left shoulder, left hand and both the legs of the complainant, who was rescued by Ram Pal, Rohtash, Sinder Pal and other shopkeepers. The said complaint, on the basis of which the FIR was registered against the respondent-accused, was made after 3 days of the alleged occurrence.

(3.) After completion of investigation, challan was filed against the respondent-accused and he was charge sheeted for the offences under Sections 323, 324, 326 and 506 I.P.C. and Section 3 of the Act, to which he did not plead guilty and claimed trial.