SHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHER Singh (complainant) has filed this appeal against judgment dated 24.10.2013, passed by learned Additional Sessions Judge, Nuh at Mewat, vide which the accused were acquitted of the charges under Sections 147, 323, 436, 506 read with Section 149 IPC and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act').

(2.) THE brief facts relevant for the purpose of disposal of the present appeal are that Jaikam, Sarpanch of village Bhajalka, Police Station Tauru, District Mewat, had allegedly borrowed Rs. 2,000/ - from the complainant. Complainant belongs to Balmiki community. On 3.11.2010, Rakhi wife of the complainant went to the house of Jaikam, Sarpanch, to demand return of Rs. 2,000/ -. Accused called her with bad names i.e. "Bhangni and Dhedni" and insulted her. On 4.11.2010 at about 4:30 PM, complainant came to village Tauru where Jaikam alongwith Rashid, Janu, Bhuru, Kalu and Saidul met him. There the complainant demanded the return of Rs. 2,000/ - from Jaikam, Sarpanch. Jaikam slapped him. The abovementioned co -accused caught hold the complainant and called him with the name of his caste 'Bhangi', 'Dedh' and threatened that he would not be allowed to live in the village. Thereafter, they returned to the village at about 7:00 PM and set his house on fire. Accused threatened the complainant with dire consequences. After investigation, the challan was filed. Accused were chargesheeted under Sections 147, 323, 436, 506 read with Section 149 IPC and Section 3(1)(x) of the SC/ST Act.

(3.) IN support of its case, prosecution examined Constable Lekh Ram (PW1), SI Ram Kishan (PW2), Basant Kumar (PW3), Sher Singh (complainant/PW4), Rakhi wife of complainant Sher Singh (PW5), Hukam Singh, Clerk, Tehsil Office (PW6), Inspector/SHO Gajender Kumar (PW7), Sakir (PW8) and DSP (Retd.) Subhash Chander (PW9).