UPENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant challenges his conviction under Section 3(1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'the SC & ST Act') and Sections 323, 325 and 506 Part-II of the Indian Penal Code (hereinafter referred to as 'the IPC').

(2.) FIR No. 165 of 2011 was registered with Police Station, Jawalamukhi on 1.10.2011. The prosecution alleges that on 30.9.2011 at around 3 PM at village Danoa, District Kangra the accused, who belongs to Rajput community, intentionally and voluntarily insulted and intimidated the complainant namely Gurditta PW1, who is member of the Scheduled Caste, and caused simple as well as grievous hurt to the complainant and also intimidated him. According to the complainant, the accused used the following words:-

(3.) The incident arises in a flare up which occurred when the accused asked the complainant to sharpen gainti (pickaxe) and the complainant refused to do as it was not his duty. At this the accused became infuriated, used abusive language and expletives against the complainant and threatened him with dire consequences by using the words "tijo dasda" (I will show you).