JASWANTI DEVI Vs. SHAM SUNDER AND OTHERS

JUDGEMENT

(1.) The present appeal lays challenge to judgment dated 28.10.2009 passed by the Court of Special Judge, Nawanshahr, whereby the accused (respondents herein) have been acquitted of the offence charged against them under section 3(i)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the 1989 Act) and sections 324 and 325 of the Indian Penal Code (in short, 'IPC').

(2.) The brief facts of the case, as per allegations put forth by the complainant (petitioner herein) are that on 25.04.2002, at about 7.30 a.m., she had gone to fetch water and accused Ganga Dulari wife of Sham Sunder was throwing water all around, to which, the complainant objected. Ganga Dulari got infuriated and started shouting at the complainant and called Girija Devi wife of Raja Ram, Bimal Kumar, Vijay (her sons) and Sham Sunder (her husband). The accused started abusing in the name of her caste and uttered the following words:-

(3.) Bimal Kumar gave a dang blow on her right shoulder, Vijay gave a dang blow on her left shoulder and Sham Sunder gave a dang blow on her left leg resulting in fracture. She fell down on the ground. Bimal Kumar and Vijay gave one blow each on her back with dang. Ganga Dulari and Girija Devi gave fist blows. She became unconscious and was rescued by Geeta wife of Krishan and another lady stated to be wife of Bhagwan Singh. Her husband came to the house at about 8.15 a.m. and took her to the police station Aasron and thereafter to Civil Hospital, Ropar, where she was medically examined. The accused were summoned by the Sub Divisional Judicial Magistrate, Balachaur after recording preliminary evidence. The case was committed to the Court of Special Judge as the offence under section 3(i) (x) of the 1989 Act is exclusively triable by the said Court.