STATE OF H.P. Vs. KHATTAR SINGH

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment passed by the learned Special Judge, Sirmour District at Nahan acquitting the respondent herein for offences under Sections 3(1)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) Act, 1989 (hereinafter referred to as SC & ST Act). The prosecution case in brief is that the complainant PW1 Madan Singh, resident of village Dakkar, Tehsil Shillai is belonged to Scheduled Caste as he is 'Koli' by caste, had constructed a house at hospital road in Shillai Dhar which adjoins the house of the accused, who had constructed a septic tank adjacent to the house of the complainant. On 13.8.2004 at around 6 p.m., the complainant informed the accused that the septic tank constructed by him is overflowing and human excreta is leaking on the roof of his house. He asked the accused to change the location of the tank at which he used some derogatory language against the complainant and called him 'Kolta' saying that since he is not Pandit, he is a 'Kolta'. He also told him that he would not remove the tank.

(2.) THE prosecution examined eleven witnesses in support of its case. On the evidence, the learned trial Court acquitted the respondent on the ground that there was no intention to insult the complainant by his caste. The words attributed are: "Gand Saf Karna to Tumahara Kolton Ka Kam Hai" (It is the duty of Kolta's to clean rubbish). The learned trial Court relying upon the decision of this Court in State of H.P. Vs. Ram Prakash and others, : 2005 (1) Shim. L.C. 206 holds that since there was no intention to humiliate or insult the complainant, no offence was made out. It is urged by the learned Assistant Advocate General that the acquittal is not warranted as the learned trial Court has misconstrued the evidence.