NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose off the above mentioned two appeals, i.e. CRA-S-593-SB-2006 and CRA-S-723-SB-2006, which arise out of common impugned judgment of conviction and order of sentence dtd. 3/3/2006 passed by the learned Special Judge, Faridabad, whereby, the appellants in these two appeals were ordered to be convicted under Ss. 323/149 IPC and also under Sec. 3 (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( hereinafter to be referred as 'the Act, 1989') and were sentenced to undergo rigorous imprisonment for six months each alongwith fine of Rs.500.00 under Sec. 323 read with Sec. 149 IPC and rigorous imprisonment for one year alongwith fine of Rs.2,000.00 each under Sec. Sec. 3 (x) of the Act, 1989 with default stipulations.

(2.) The FIR in the instant case was got registered by Ganga Ram son of Ramji Lal PW7. As per the complainant at about 1.30/02.00 p.m. on 10/3/2001, he alongwith his wife and two sons namely, Hari Singh and Bansi Lal, was present in their house in the village and it was a day of 'Dulhandi' (Festival of Colours). On that day, Bhagat Singh, Naresh, Sunil, Rajnish and Gulshan, appellants/accused entered their house, where Suman wife of Hari Singh was present. They all entered the house to put Gulal (colour) on her. They forcibly applied colour on her and touched her inappropriately and hurled caste related abuses at her. On hearing the alarm raised by Suman, Hari Singh, Ganga Ram and Bansi Lal reached at the spot and requested them to leave the place by stating that they were poor persons. However, the accused did not go away. In that process, Naresh, Bhagat Singh and Sunil gave fists blows on the chest of Hari Singh; Gulshan gave a fist blow on the knees of Bansi Lal, whereas Rajnish accused, inflicted a blow with a lathi on the left hand finger of Leelawati. Thereafter, Bhagat Singh accused, asked them to ran away from there by stating that Palwal city was in his grip and they asked them to leave the place and also made caste related derogatory remarks. Thereafter, the matter was reported to the police. With these broad averments, the FIR in the instant case was got registered by Ganga Ram on 19/3/2001.

(3.) After the report under Sec. 173 Cr.P.C. was presented before the competent Court, the appellants/accused were ordered to be charge sheeted for commission of offences punishable under Ss. 148, 323, 325 read with Sec. 149 IPC and Sec. 3(x) of the the Act, 1989 and the accused pleaded not guilty and claimed trial. Thereafter, the prosecution led its evidence to prove the charge.