STATE OF H.P. Vs. BIDHI CHAND ACCUSED

JUDGEMENT

(1.) The present appeal arises out of the Judgment of acquittal recorded by the learned Special Judge. Kangra at Dharamshala dated 22.12.2000. whereby respondent Bidhi Chand. hereinafter referred to as "the accused", was acquitted. It appears he accused was tried for offences punishable under Sections 353 and 506 of the Indian Penal Code, and under Section 3(i) X & XI of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989.

(2.) The case of the prosecution was: Sudershna Devi who happened to be a Lohar by caste (a Scheduled Caste) was Pardhan of Gram Panchayat Ludret at the relevant time. On 22.9.1997 the general house meeting of the Gram Panchavat Ludret was in session. In this meeting, the Panches and Panchavat Secretary were also present. At about 2.30 P.M. Bantu Ram. son of the accused, came to the Panchavat and asked the Secretary of the Panchayat if the Panchayat had employed any person as water -carrier. The Secretary informed him that none had been appointed. About 15 -20 minutes later the accused appeared in the Panchayat and asked similar question from the Secretary. The Panchayat Secretary again answered that nobody so far had been employed as water - carrier. It is the further case of the prosecution that the accused then asked Sudershna Devi to engage her son as water - carrier. Sudershna Devi informed the accused that she had no authority to do so. The accused got enraged and picked up a wooden scale King on the table and hit Sudershna Devi on her shoulder with it. He also used filthy language and called her "Lohari". He pulled her from her hair and took her out from the Panchayat Ghar. The members of the Panchayat intervened, she was rescued by them. The members of the Panchayat thereafter passed a resolution Ext. - PF. This resolution was handed over at Police Post Nagrota Surian. Copies of the resolution were also addressed to various authorities including the Chief Minister. Aurveda Minister. Union of the President of the Panchayat. Deputy Commissioner and S.D.M. Dehra. On this resolution, police initialed proceedings against the accused under Sections 107 and 151 of the Code of Criminal Procedure.

(3.) It transpires that after several days of the occurrence, it was given political colour. M.L.A. of the area convened a meeting and passed some resolution. The M.L.A.. who happened to be the member of the Congress party accompanied the complainant to the Deputy Commissioner and lodged a written complaint of the occurrence under the signatures of complainant Sudershna Devi in terms of Ext.PD. This complaint is dated 3rd November. 1997. The complaint is addressed to the Deputy Commissioner Kangra. The Deputy Commissioner endorsed the complaint to the Superintendent of Police. Kangra. for registration of the case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989. On this complaint addressed to the Deputy Commissioner. Kangra. a formal F.I.R. Ext. PB came to be recorded with Police Station. Haripur: