SURESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal directed by complainant against the judgment dated 17.2.2010 passed by Sh. Vivek Bharti, Additional Sessions Judge, Jind, vide which the complaint under Sections 323, 506 read with Section 34 IPC and Section 3 (ii)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter to be referred to as 'the SC & ST Act'), was dismissed.

(2.) Briefly stated, the complainant filed a complaint under sections 323, 506 read with Section 34 IPC and under Section 3 (ii) (x) of the SC & ST Act, with the allegation that she is an Anganwari worker and belongs to Harijan Chamar community. Accused Sudesh delivered expired waste food articles to her and on her raising objection she used filthy language saying 'Dedni Kamini Chamari'. Complainant told her that children would fall ill. Then accused No. 2 threatened her by saying that she is bound to take this type of food, otherwise she will be suspended from the services and also said that she is bound to enter full quantity in the register. She moved the complaint to CDPO, Jind who assured that the matter will be solved in the circle meeting going to be held on 20.2.2007. Accused No. 2 abused her before the CDPO by saying 'Dedni Kamini Chamari' why you lodged report. Both the accused gave fist and slap blows and threatened to kill her. Her husband and Rajbir, who was there, rescued her. The accused, who belong to Jat community, insulted her by abusing her in the names of her caste and creed. She moved complaint before CDPO, Jind, who did not listen her and then she moved complaint before the higher authorities but no action was taken against the accused. It is further alleged that on 5.3.2007, she was called by accused No. 2 at her residence saying that she was called by P.O. at her residence and on her failure to come, her services will be terminated. Her salary of one day was deducted illegally. It is further alleged that again she was called by accused No. 1 at her house for official work and accused No. 2 was also present in her house. Accused No. 1 said that she would teach a lesson for moving false complaint against them and gave fist and slap blows. Accused No. 2 caught hold of her and she raised noise 'Bachao - Bachao'. Her husband and Sombir rescued her. The accused threatened to kill her in future. When the police failed to take any action against the accused, she filed the complaint in the Court.

(3.) After recording the preliminary evidence, the accused were summoned to face trial under Sections 323, 506 read with Section 34 IPC and under Section 3 (i) (x), (xi)(2) vii of the SC & ST Act. Accused appeared before the Magistrate and they were supplied relevant documents and the case was committed to the Court of Sessions.