KARNAIL SINGH AND OTHERS Vs. KEWAL SINGH

JUDGEMENT

(1.) The appellants were tried for the offences under Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') and Sec. 506 Penal Code. Vide judgment and order dated 17.1.2004, learned Special Judge, Amritsar convicted them of the aforementioned offences and sentenced them to undergo rigorous imprisonment for one year and to pay a fine of 3,000.00 each under Sec. 3(1)(x) of the Act and in default of payment of fine, to undergo further rigorous imprisonment for one month. For the offence under Sec. 506 IPC, they were sentenced to undergo rigorous imprisonment for six months each. Both the sentences were ordered to run concurrently.

(2.) The case had arisen out of a criminal complaint instituted by the respondent wherein it was stated that on 14.7.2001 at about 5.30 p.m., the respondent, alongwith Chanan Singh, Balwinder Singh and Baldev Singh, had come to Gurudwara Pipli Sahib, Putligarh, Amritsar. After paying obeisance, when they were coming back and had covered some distance, all the appellants came in a white gypsy No. DHN 4921. At that time, appellant- Karnail Singh armed with a dang, appellant-Baldev Singh armed with a .315 bore rifle, appellant-Subeg Singh armed with a .12 bore DBBL gun and appellants-Manjit Kaur and Sukhwant Kaur armed with datars came there and abused him in one voice in the name of his caste. The complainant further stated that he went to Police Station Islamabad to inform the police about the matter. Though some action was promised to be taken yet nothing was done. Left with no other option, he had to file the criminal complaint.

(3.) On the basis of preliminary evidence led by the respondent, the appellants were summoned under Sections 3(1)(x) and 3(2)(v) of the Act. Upon their appearance, they were charged under Sec. 3(1)(x) of the Act and Sec. 506 Penal Code.