NISHAN CHAND Vs. JAI INDERPAL RANA

JUDGEMENT

(1.) The applicant-complainant has filed the present application under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal against the judgment dated 02.09.2016 passed by learned Additional Sessions Judge, Gurdaspur, whereby the respondent-accused was acquitted of the charges framed against him in a criminal complaint filed by the applicant under Sections 295-A, 342, 323 and 506 IPC as well as Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the SC/ST Act).

(2.) Briefly stated, it is the case of the applicant-complainant that he is posted as Branch Manager in New India Insurance Company Limited, whereas the respondent-accused is working as a Development Officer in the said branch. The complainant belongs to Kabir Panthi caste, which is a scheduled caste and the accused is aware of this fact. On 10.10.2012 at about 1.00-1.30 P.M., when the complainant was present in his office at Jalandhar Road, Batala, the accused came in his cabin without seeking permission and started pressurizing him to do certain work, which was not genuine. When the complainant refused to do so, the accused left the office. However, after a few minutes, the accused came back and asked the complainant to come out of the office. The complainant went down stairs and the accused gave slaps on his face and removed his turban on the road. He held the complainant from his hair and openly shouted and insulted him by saying "Tu Chura Chamar Sade Te Hukam Challan Wala Kon Hunda A" in the name of his caste. The accused also gave kick blows in the stomach of the complainant and also tried to outrage the religious feelings of the complainant by removing his turban and by throwing the same on the road. The accused also caught hold of the complainant from his hair and restrained his movements. Thereafter, the accused left the spot after threatening the complainant that if he refused to do any work, he will show him his right place. The entire occurrence was witnessed by the general public including Rakesh Kumar and Girsih Kumar.

(3.) The complainant reported the matter to the police, but no action was taken. Hence, the complaint.