RAJESH KUMAR Vs. CHUNI LAL

JUDGEMENT

(1.) THE present appeal along with an application under Section 378 (3) of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for leave to appeal has been filed by complainant -appellant Rajesh Kumar against the judgment of acquittal dated 11.06.2011 passed by the learned Special Judge, Gurgaon.

(2.) THE brief facts of the prosecution case are that on 03.12.2006, all the accused, in furtherance of their common intention, criminally trespassed into the plot of the complainant, who belongs to Harijan caste. The accused hurled abuses in the name of his mother and sister. The plot is owned and possessed by the complainant since prior to the year 1947. He has stored garbage, dung cake hill and fuel woods and has also erected a shed to tether cattle. The accused damaged and uprooted the pegs and also threatened him to kill. The complainant was beaten by the accused. He was medico legally examined.

(3.) ON the basis of the private complaint, filed by the appellant, the accused -respondents were summoned vide order dated 06.03.2007 by the learned Judicial Magistrate to face trial for the offences punishable under Section 3(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called the 'Act') and Sections 148, 149, 323, 324, 452 and 506 of the Indian Penal Code, 1860 (in short 'IPC'). The case being exclusively triable by the Special Court, was committed to the Court of Sessions.