CHANDU RAM Vs. NATHU RAM

JUDGEMENT

(1.) THE instant appeal has been preferred under Section 372 of the Code of Criminal Procedure, by the complainant in a State case Sessions Trial No. 12 of 2008, decided on 21st June, 2011, whereby the respondents were acquitted for the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989, in short "the Act" and Section 506 of the Indian Penal Code arising from FIR No. 195 of 2006, registered on 20.5.2006 in Police Station, Sadar, District Bilaspur, HP.

(2.) RECORD was sent for. Perused.

(3.) THE appellant is complainant in the State case. As per his statement (PW1) he alleged that he was 'Kabirpanthi ' (Julaha) belonging to "Scheduled Caste" community. On 19.5.2006, around 7.30 p.m., grit of the complainant was lying on the road side, i.e., National Highway, which was stored there for constructing his new house. While returning from Karyana shop to his house, he came across the heap of grit the respondents were found present there. It is alleged that they caught -hold of him from the arms and gave slaps and dragged him, while shouting "Julaha". They also did not allow him to carry the grit from the spot. He is alleged to have relieved by PW4 Chet Ram and PW9 Amar Nath from the clutches of the respondents. Later PW2 Parmod Kumar and PW3 Madan Lal also reached there. He alleged that earlier to the said incident in the month of February, 2006 the respondents had picked -up the quarrel with him which was reported to the Panchayat and it ended in compromise. Complaint Ext.PW1/A with respect to the present incident was moved to the Superintendent of Police, which culminated into the present FIR and the respondents were put on trial for the offences aforesaid and were acquitted. The State did not prefer appeal, but the complainant filed the present appeal.