KIRPAL SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kirpal Singh and his wife Gurmit Kaur brought this appeal against the judgment of conviction dated 08.10.2003 and order on sentence of even date, whereby, both the appellants were convicted for committing offence punishable under Section 3 (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC and ST Act') and for the offence punishable under Sections 353, 186 and 506 of Indian Penal Code (for short 'IPC'). For committing offence punishable under Section 3 (x) of the SC and ST Act, both the appellants were sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 1,000/- each. In default of payment of fine to further undergo rigorous imprisonment for a period of one month each; for committing offence punishable under Section 353 IPC, they were sentenced to undergo rigorous imprisonment for a period of 1 1/2 years each and to pay a fine of Rs. 300/- each. In default of payment of fine to further undergo rigorous imprisonment for one month each. Likewise for committing an offence punishable under Section 186 IPC, both the appellants were sentenced to undergo rigorous imprisonment for a period of 3 months each and to pay a fine of Rs. 200/- each. In default of payment of fine to further undergo rigorous imprisonment for a period of 10 days each and for committing an offence punishable under Section 506 IPC, both the appellants were sentenced to undergo rigorous imprisonment for a period of 1 1/2 years each and to pay a fine of Rs. 300/- each. In default of payment of fine, to further undergo rigorous imprisonment for a period of 1 month each.

(2.) Brief facts of the case are like this; that as per statement of complainant-Gurmit Singh Ex.PB, Kirpal Singh (accused-appellant) filed a case in the Court of Shri Tarsem Singh, Naib Tehsildar, Kapurthala, for correction of khasra girdawari. Tehsildar directed both the parties to remain present at the spot on 21.05.1999 in the afternoon. On 21.05.1999 at about 4:00 P.M. he along with Tarsem Singh, Naib Tehsildar and Peon Gian Singh reached village Fattudhinga in connection with correction of khasra girdawari. Anokh Singh, Fauja Singh and other persons were also present there. After sometime Kirpal Singh and his wife Gurmit Kaur (accused-appellants) came at the spot and started abusing him telling that " patwariya, kutiya and churiya, tu sadi zamin which ki karan aaya hai, sade khet which vad ke ta dekh, tenu janu na mar mukaya ta sanu jat na aakhi". Complainant and Tarsem Singh, Naib Tehsildar, forbidden them from hurling abuses and using hard words but they did not stop. Anokh Singh and Fauja Singh also tried to pacify them but they did not. As per complainant, Kirpal Singh had filed a case regarding land in dispute in the Court of SDM against Surinder Singh, Sukhwinder Singh and Kulwinder Singh sons of Avtar Singh, residents of village Fattudhinga.

(3.) That case was decided in favour of Surinder Singh and others, therefore, Kirpal Singh and his wife abused them and also used filthy language against them while they were on duty. They also prevented them from discharging their official duties. Complainant further alleged that they had brought this incident to the notice of their senior officials and, thereafter, informed the police. Complainant made a complaint Ex.PA under Section 195 Cr.P.C. to the police. The above information was given to the police on 22.05.1999. On this information, endorsement Ex. PB/1 was made and formal FIR Ex. PG was recorded. Chain Singh, Inspector/SHO prepared the rough site plan of the spot as Ex. PH. He recorded the statements of Anokh Singh and Fauja Singh. Appointment letter of Patwari Gurmit Singh and his posting order taken into police possession vide memo. Ex.PF. Accused were arrested and, thereafter, investigation of this case was handed over to DSP Surinderjit Singh as offence under Section 3 (x) of SC and ST Act was added. DSP prepared the site plan of the spot as Ex. PJ on 24.11.1999. Statements of accused were recorded.