STATE OF HIMACHAL PRADESH Vs. RAJEEV KUMAR

JUDGEMENT

(1.) The State has challenged the acquittal of the respondents for the charges framed against them under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') and also under Sections 147 and 323 read with Section 149 of the Indian Penal Code, passed in Sessions Case No. 3-B/VII/2002 on 2nd December, 2002.

(2.) In short, the prosecution case can be stated thus. According to the prosecution, PW-2 Bishna Devi is stated to be a lady of Dumna caste. She alongwith other women of the same caste, namely, Kirna, Arna, Mahindra, Sudesh, Pawna, Sunita and Soma Devi went to fetch the water from a village "Bauli". It is alleged that the respondents except respondent Manglan Devi, who are from upper caste, i.e., Rajput were found present. As soon as the aforesaid ladies took water from the "Bauli" in their respective vessels, the respondents threw their water out of the vessels on the pretext that they would not permit the members of the Dumna Caste to take water from there. Respondent Rajeev picked up a quarrel with Bishna Devi. It is alleged that he caught her from the neck and also kicked her, thereafter dragged her to some distance. She sustained injuries on her leg. Bishna Devi went to report the matter to Pradhan, Gram Panchayat, but he was not found present in his shop. Thereafter she approached to Up-Pradhan Sanjeev, but he did not intervene because of paucity of time. The complainant then told Ajay Kumar to inform her husband. He reached the spot and the complainant narrated the entire incident to him, the police was accordingly informed.

(3.) The information given by the complainant was recorded in the daily diary Ext. PW-6/C. Sub-Inspector Om Parkash (PW-7) proceeded to the spot, recorded the statement of Bishna Devi Ext.PW-2/A. She was got medically examined by PW-1 Dr. Rajesh, who issued MLC Ext. PW-l/B.