PISHORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks anticipatory bail as he has been summoned vide order dated 9-2-2001 passed by the Judicial Magistrate Ist Class, Samana to face trial under Ss. 323, 500 and 506, I.P.C. read with S. 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') and S. 7 of the Protection of Civil Rights Act, 1955 (hereinafter referred to as 'the Act of 1955') in complaint filed by Ram Kala against him.

(2.) The facts which emerge from the complaint filed by Ram Kala are that he belongs to Balmiki caste and is gainfully employed as a labourer. On 8-10-2000, he along with Jaswant Singh and Ram Pal was standing in front of his house located in village Shergarh, Tehsil Samana when accused came there on his scooter. After stopping his scooter, the petitioner abused him by calling him "Kutya Chuhria. . . . . . . . . . . . . . . . . ." and further threatened to murder him, Jaswant Singh and Ram Pal asked the accused not to say so and thereafter the accused ran away from there on his scooter stating "Kutya Chuhria Tenu Dekhanga." Soon after the complainant went to the Police Post, Gulzarpura Tharwa and lodged Daily Diary Report No. 4 dated 8-10-2000. When no action was taken by the Police, he approached the S.H.O., Police Station, Patran, the D.S.P., Samana and the Senior Superintendent of Police, Patiala but without any result. Thereafter a Panchayat was also convened on 9/10-11-2000 where the accused admitted the above mentioned occurrence and felt sorry before the members of the Panchayat. As no action had been taken by the Police and the accused had insulted and defamed the complainant before the general public including the aforesaid witnesses, the present complaint was filed.

(3.) To support the facts stated in the complaint, Ram Kala appeared as CW-1. In addition, he examined Ram Pal as CW-2 and Raghbir Singh as CW-3. He also produced the Daily Diary Report No. 4 dated 8-10-2000. Taking into account the evidence led by the complainant, the learned Judicial Magistrate Ist Class, Samana summoned the petitioner-accused to face trial under S. 3 of the Act and S. 7 of the Act of 1955 besides offences under Ss. 323, 500 and 506, I.P.C.