VIJAY SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16/18.9.2002 passed by Additional Sessions Judge, Fatehabad-cum-Judge, Special Court under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the Appellant was convicted under Section 3(1)(x) of the Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 2,000/-, and in default of payment of fine, to undergo further imprisonment for 11/2 months.

(2.) According to the prosecution, on 1.11.1997 at 1.30 p.m., the Appellant, who was working on the post of Special Assistant in Canara Bank, G.T. Road, Fatehabad went to the complainant, who was working as a Clerk in the same bank and without any provocation, started teasing him. At that time, the complainant was talking to the Branch Manager. The Appellant intervened and started uttering derogatory words against the caste of the complainant. One S.K. Yadav, an employee of the bank, tried to intervene but the Appellant threatened to kill him also. The Appellant, thereafter, manhandled the complainant and left the bank. The complainant drafted an application mentioning the above-stated facts and submitted it to police on the basis of which FIR No. 572 dated 1.11.1997 under Sections 3 and 4 of the Act and Section 506 IPC was registered at Police Station City, Fatehabad against the Appellant.

(3.) During investigation of the case, the police took into possession certificate regarding the complainant belonging to a scheduled caste. Copy of attendance register was also taken into possession. Statements of the witnesses were recorded and rough site plan of the place of occurrence prepared. The Appellant was arrested.