JASBIR SINGH Vs. RAJ KUMAR AND ORS.

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 19.07.2014 passed by Additional Sessions Judge, Amritsar whereby complaint filed by applicant under Sections 452/323/148/149/506 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, 'SC/ST Act') has been dismissed and respondents have been acquitted of the charges framed against them.

(2.) BRIEF facts of the case are that a complaint was filed by the applicant -complainant under Sections 452/323/148/149/506 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act with the averments that he belongs to scheduled caste community. The father of the complainant was constructing his house. On 03.03.2008, at about 6.15 P.M., all the accused persons entered in his house and accused -Suman raised lalkara "Is Kute Chure Nu Gali Which Retta Te Bajri Kathi Karan Da Maja Chkha Deo" and accused Raj Kumar shouted that "Kutia Churia Ik Tan Tu Sade Ghar Agge Reta Kathi Kiti Hai Uton Sade Agge Boli Ja Reha Hai" and accused Ashu, Baldev Raj, Balwant Rai, Uttam Singh, who came out at the asking of accused nos.1 and 2 caught hold the complainant from his neck and shouted that "Kutia Churia Toon Ki Gand Paya Hoya Hai Ajj Tenu Sade Agge Bolan Da Maja Chakhaune Hai". It is further averred that all the accused persons gave slps on the face of complainant. At that time, Amarjit Kaur wife of Ajit Singh, resident of H.N.D7/6485, Main Bazar, Guru Nanak Purai, P.O. Jawala Flour Mill and Kawaljit Kaur wife of Manmohan Singh gathered there, in whose presence, the accused shouted and insulted the complainant. With the intervention of the respectables, the complainant was saved from the clutches of the accused. All the accused belong to upper caste and they have knowledge that complainant belongs to scheduled caste category. The accused had intentionally insulted the complainant in General Public in order to humiliate him. The complainant approached the police but no action was taken. Therefore, the complaint was filed.

(3.) ACCUSED put in appearance in Court and were released on bail. Thereafter, the case was committed by the Judicial Magistrate Ist Class, Amritsar vide commitment order dated 27.01.2012, which was entrusted to the Court of Additional Sessions Judge, Amritsar.