STATE OF H P Vs. BALDEV BHANDARI

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment of acquittal recorded by the learned Special judge, Sirmaur at Nahan, on 30th March, 2005.

(2.) It appears, the respondents herein, thirteen in number, were prosecuted for offences punishable under Sections 147, 149, 323, 325, 342, 506 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention to Atrocities) Act, 1989 ("Atrocities Act" for short). The prosecution case was :

(3.) On May 6, 2003 at about 7.00 in the evening Parmod Kumar (PW-1), a "Koli" by caste, was working in a shop. He noticed that three of the respondents Madan Bhandari, Kamlender Bhandari and Prashant Bhandari were giving beatings to Lekh Raj (PW-7). Baldev Bhandari also appeared there. They were accompanied by another 25 persons. All of them gave beatings to Lekh Raj and dragged him to the house of Devender Bhandari. Lekh Raj bled profusely. Lateron Mohan Bhandari and Madan Bhandari came to the shop of Promod Kumar and started beating him for no reason. They abused him calling him "Koli Kalinda". They dragged him to the house of Devender Bhandari. He was abused by the accused by saying, "Sale Koli KaLindey Inkay Deemag Bare Chad Gaye Aur Mere Teen Tukray Karke Dukan Main Fainkney Ko Kaha". All of them gave beatings to Promod Kumar. Promod Kumar went to the Police Station, but his complaint was not recorded. Lateron, he made a complaint to the Superintendent of Police at Nahan and that is how the case came to be registered.