KARAM DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) 92 persons belonging to Rajput community hailing from the village of the complainant have moved this application under Section 439 read with Section 482 Cr. P.C. for their release on bail pursuant to registration of a criminal case vide FIR No. 61 of 1994 for the commission of an offence under Section 3(i), (iii), (iv) and (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 436, 462, 506 and 147 IPC.

(2.) The complainant as also the petitioners hail from village Terala Hati Buchehr, Tehsil Nirmand, District Kullu, H.P. The dispute as it emerges from the contents of the complaint filed by Sohan Lal pertains to two communities in between them entries. Complainant belongs to Harijan party whereas the petitioners hail from Rajput community. Case of the prosecution is that persons belonging to nonscheduled castes have been committing atrocities on the scheduled castes from the very beginning. The complainant party belonging to Scheduled Castes have stopped removing of carcasses which act on their part has offended the Rajput community of their area. It is alleged that on 17-6-1994 at about 11 a.m. one Prem Singh belonging to Scheduled Caste community had gone to offer flowers to Devta Terala. He had entered into the premises of the said devta and it was noticed by Devinder Singh, one of the petitioners. Said Devinder Singh is Pradhan of Gram Panchayat of the area. He immediately appeared there and slapped the boy twice or thrice and stated that you Dagi, how you dared to offer flowers and touch the devta and further declared that he will set them right so that in future none of the persons belong to Scheduled Caste may dare to do so. It is also alleged that Shri Jati Ram and Pidu Ram witnessed the occurrence and they took Prem Singh to their home. It is alleged that the intention of this act on the part of the aforesaid petitioner was to prevent Scheduled Case persons from offering flowers and prayers to the devta, who as per custom had come in the house of devta on the relevant date and time. The complainant then alleges that he had also brought drinking water to his house through alcathene pipe fro one Nala. Further the prosecution case is that thereafter the petitioner along with other persons of his community (other petitioners) formed an unlawful assembly with the intention to kill the complainant and his family and said Prem Singh by destroying their building by fire. It is also alleged that after having assembled there, the petitioners with the intention to intimidate and humiliate the complainant and his family members publically declared in the following words which are narrated verbatim :

(3.) On this complaint the learned trial Court forwarded the same to the police of police station Nirmand for investigating into the dispute in accordance with Section 156(3) Cr. P.C. In this way the police started investigation and collected some evidence.