BHAGWANTI Vs. MUKHTAR SINGH (DEAD) AND OTHERS

JUDGEMENT

(1.) Bhagwanti, the applicant has moved an application under section 378(4) Cr.P.C. for grant of leave to appeal against the judgment dated 01.05.2010 passed by learned Special Judge, Tarn Taran, vide which the respondents have been acquitted of the charge under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act) .

(2.) The case of the complainant Bhagwanti, in her complaint, is that five marlas of land comprised in khasra nos. 313 and 389 at village Basarke was owned by her father in which a residential house was constructed. According to her, after the death of her father, a katcha house was constructed in the said land by the complainant and she has been residing therein alongwith her mother. On 03.11.2003 at about 4.00 PM Mukhtiar Singh (now dead), Jasbir Kaur, Ajit Singh and Jarnail Singh dismantled her house with the help of a tractor fitted with levellers. The complainant belongs to schedule caste whereas the accused are Jat Sikh. They dispossessed her. They also uttered derogatory words against her caste and abused her. The occurrence was seen by Ninder Kaur, the mother of the complainant. People had gathered at the spot and the accused insulted her in their presence. Information in this regard was given to the police of Police Station Khalra but no action was taken in the matter.

(3.) At the trial, the evidence of the complainant consisting of the statement of the complainant as PW-1 and her mother as PW-2 was recorded. The complainant closed her evidence. The accused were examined thereafter in terms of section 313 Cr.P.C. Besides denying the truth of the prosecution evidence coming against them, they pleaded innocence and have claimed that the complainant and her mother tried to take forcible possession of the land belonging to the panchayat at Focal Point near the Civil Hospital. It has been further pleaded that a meeting was convened by the gram panchayat presided over by accused Jasbir Kaur, who passed a resolution on 15.06.2003 with regard to the attempts of the complainant and her mother to occupy the panchayat land illegally. A copy of this resolution was sent to Block Development and Panchayat Officer,Bhikhiwind for necessary action and police help. According to him,the complainant and her mother felt belittled and filed this complaint. It is also stated that the complainant had filed a petition under section 125 Cr.P.C. against her husband, in which the sarpanch of the gram panchayat and other respectable persons appeared as witnesses against the complainant , as a result of which her petition under section 125 Cr.P.C. was dismissed. The complainant is said to have grudge over that issue also. In defence Harpreet Singh, Panchayat Secretary was examined as DW-1 and Sukhwinder Singh Patwari, as DW-2.