JANAK SINGH Vs. PALA KHAN 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 19.01.2013 passed by the Special Judge, Fatehgarh Sahib whereby respondents -accused have been acquitted of the charges framed against them in a complaint filed by the applicant -complainant.

(2.) BRIEF facts of the case are that a complaint was instituted by the complainant under Section 323 and 506 of the Indian Penal Code (for brevity, 'IPC') and Section 3 (x) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 (for brevity, 'the Act') with the averments that he is Ramdasia by caste and as such member of Scheduled Castes as defined in Section 2 of the Act. Accused Nos. 1 to 4 belong to Mohamadan caste and accused Nos. 5 to 8 belong to Jatt by caste. All the accused know that complainant is Ramdasia by caste, because both the parties are residents of village Jakhwali. On 31.8.2007 at about 8.30 PM, accused No. 2 Karamjit Singh alias Kama and accused No. 5 Kuldeep Singh alias Golu and one Kala son of Gulzar Singh gave beatings to the son of complainant namely Lakhwinder Singh. A report was lodged in this regard in Police Station Mulepur and complainant is pursuing the said matter. It was further alleged that on 13.9.2007 at 8.00 PM, complainant was called by Pala Khan accused No. 1 to attend the Panchayat, which was assembled in Ramdasia Dharamshala. The complainant and his son Lakhwinder Singh went to Dharamshala where all the accused were there and Manga son of Fakira, Lakhvir Singh son of Sardar Singh, Gurmail Singh son of Niranjan Singh (Sarpanch) and Harnek Singh son of Kamail Singh, residents of village Jakhwali were also there. When the complainant reached in Dharamshala, all the accused asked the complainant to make a compromise with accused Karamjit Singh and Kuldeep Singh alias Golu and advised to seek pardon from them and told that he belongs to lower caste. The complainant refused to make compromise and on this account accused started saying that "Chamara if you want to stay in the village, he has to make a compromise all the accused abused the complainant by calling the mother and sister of the complainant" and started beating the complainant. The accused insulted the complainant by calling Chamara in public view at public place. The son of complainant Lakhwinder Singh, Manga son of Faquira, Lakhvir Singh, Gurmail Singh and Harnek Singh rescued the complainant from these accused, but they were saying that in future they will kill the complainant and his family. After occurrence, the complainant along with his son went to PS Mulepur, but they refused to record the statement of complainant, therefore, the complaint was filed.

(3.) SINCE the offence under Section 3 of the Act is exclusively triable by the Special Court, therefore, the complaint was committed.