VIJAY ALIAS SANJU Vs. STATE OF HP

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 374 Cr.P.C against the judgment of the Court of Learned Special Judge, Una dated 26.9.2003 vide which the appellants were acquitted of the offence under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, but were convicted and sentenced as under: Under Section 427, Six months and fine of Rs.500/- read with section 149 IPC Under Section 147 IPC Three months and fine of Rs.500/- In default, of payment of fine, they were to undergo further imprisonment for one month.

(2.) Briefly stated, the facts of the case are that complainant Tarsem Singh filed a report with the police that he is Harijan by caste and was in possession of 14-15 kanals of Government land for the last 40 years. He had sown maize crop last year in the said land and has also sown cauliflower, carrot as well as patato. He had also stacked 40 quintals of the sheaf of maize crop to be used as fodder for domestic cattle. On 11.11.2001 at about 12.30 p.m., all the accused by forming an unlawful assembly with a view to dispossess the complainant from the land and put on fire Bajaj engine alongwith Chhapar and also called him by name. The mother of the complainant was also named by the said appellants for which an FIR was registered. After investigation the challan was filed against the appellants under Sections mentioned above. The appellants were tried by the learned Special Judge, who acquitted them as detailed above under Sections 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, but convicted and sentenced them under Section 427 read with section 149 IPC and under Section 147 IPC as detailed above.

(3.) I have heard the learned counsel for the parties and have gone the record of the case.