STATE OF H.P. Vs. RAM PRAKASH

JUDGEMENT

(1.) THIS petition has been preferred by the State for grant of leave to appeal against the judgment dated 9.8.2004 passed by the learned Special Judge; Mandi, whereby the Respondents have been acquitted of a charge under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereafter referred to as 'the Act ').

(2.) CASE of the prosecution in brief is that complainant Parma Nand, a member of Scheduled Caste and Pradhan of Gram Panchayat, Chhattar, on the basis of some application made to him by Nihal Singh a person belonging to a Scheduled Caste, alongwith Panchayat members visited the shop -cum -house of the Respondents on 3.8.2001 at about 9.30 a.m. and asked them as to why they beat and threatened Nihal Singh. The query led the Respondents to threaten Parma Nand saying that he was a Koli and why he had come to their house. The Respondents also called other members of the Panchayat as Koli and asked them not to come to their house. It is alleged that by uttering the aforesaid words the Respondents had insulted the aforesaid Pradhan and members of the Panchayat, therefore, they went to the Sub Divisional Magistrate, Sundernagar, handed over an application to him, which was forwarded to the Dy. S.P. Sundernagar and SHO, Police Station, Sundernagar and an FIR was registered against the Respondents. On completion of investigation, a charge -sheet was submitted against the Respondents who came to be tried by the learned Special Judge, Mandi, on a charge under Section 3(x) of the Act.

(3.) I have heard the learned Law Officer for the State, who has also read the statements of the material witnesses attested copies whereof are available with him.