OM PARKASH Vs. DARSHAN KUMAR AND ANOTHER

JUDGEMENT

(1.) Appellant has filed this appeal challenging his conviction and sentence qua commission of offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act for short) as ordered by the trial Court vide judgment/ order dated 2.9.2004 in the complaint filed by respondent No.1.

(2.) Case of complainant Darshan Singh, in brief, was that he had opened an account in Bank of Maharashtra. On 28.3.2003, complainant had deposited Rs. 500/- in his account and had requested for issuance of a cheque book. Complainant approached the appellant but the appellant, who was Sangarh by caste, came to know on reading the passbook that complainant belonged to Balmiki community and abused the complainant in the name of his caste. During trial, complainant appeared in the witness box as PW-1 and examined PW-2 Yash Pal.

(3.) Appellant, when examined under Section 313 of the Code of Criminal Procedure, 1973, prayed as under:-