TARA CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Aggrieved by the impugned judgment/order of conviction and sentence, dated 25/26/4/2013 passed by the learned Special Judge, Kangra, at Dharamshala in Sessions Case No. 23-N/VII-2009, whereby the appellants have been convicted and sentenced to undergo - (i) simple imprisonment for a period 3 months each under Ss. 323/34 of the Indian Penal Code (for short "IPC"); (ii) rigorous imprisonment for a period of 3 years each and to pay a fine of Rs.2000.00 each; in default of payment of fine, to further undergo simple imprisonment for a period of 6 months each under Sec. 325/34 IPC; (iii) simple imprisonment for a period of 6 months each under sec. 506/34; and (iv) simple imprisonment for a period of 3 years each and to pay a fine of Rs.1000.00 each; in default of payment of fine to undergo simple imprisonment for a period of 3 months under sec. 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for, short "Atrocities Act") - the appellants have filed the instant appeal.

(2.) Brief facts of the case are that the PW-1, complainant, Om Dutt, lodged an FIR No. 152/2005 (Ext.PW1-A) on 13/5/2005 against the appellants with the allegations that the complainant along with his daughter and niece had come to market on 9/5/2005, where appellant No.1 Tara Chand was cutting chicken. Appellant No.2 Pal Singh also came to the spot. Later, appellant No.1 gave beatings to the complainant, resulting in injuries being caused to the person of the complainant and even his tooth was broken. However, without waiting for outcome of investigation, the complainant after few days i.e. on 20/5/2005 preferred a private complaint before the learned Additional Chief Judicial Magistrate, Nurpur, District Kangra with the allegations that both the appellants hurled filthy abuses to him, used derogatory words publically and gave beatings to him, which made them liable to be prosecuted and punished under the Atrocities Act.

(3.) The learned Additional Chief Judicial Magistrate after recording the evidence came to the conclusion that there was material against the appellants for the offence punishable under the Atrocities Act and accordingly, the complaint was referred to the police and was clubbed with the FIR of the complainant. The investigation was carried out and thereafter the challan was presented in the Court of Special Judge (trial court).