STATE OF H.P. Vs. SANTOSH KUMAR

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 17.07.2008 by the learned Special Judge, Hamirpur, Himachal Pradesh, in Sessions Trial No. 08 of 2007, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that the complainant Bohra Ram is a member of a Scheduled Castes known as "Chamar" as per the certificate of Caste Ex. PW-1/F on record. He was posted as Head Teacher at Government Primary School, Garsian. On 15th Nov., 2006, he made a statement Ex. PW-1/A under Sec. 154 Crimial P.C. before the police that on 11th Oct., 2006 at about 10.30 a.m., he was present in his school on duty. At that time, accused Santosh Kumar, Pradhan, Gram Panchayat, Hanoh approached him. The complainant offered him a chair and also showed him the Sarv Shiksha Abhiyan register on demand. The accused checked the register. The complainant had spent Rs. 350.00 vide Resolution No. 32 in accordance with the rules. The accused asked him as to why he had spent the amount without his permission. The complainant told him that he had spent the amount as per the directions received from the Centre. Santosh Kumar was enraged by this reply and called him "TU BIGRA HUA HAI, TU CHAMAR HAI, TU DAGI HAI" and told him that he would see him and get him transferred. It was further stated that Salochna Devi, Lady Teacher, Kashmir Singh, Water carrier, Jayanti Devi and Gian Chand were also present there who witnessed the incident. It was further reported that he had referred the matter to the Director of Education also. It was requested that action may be taken against the accused in accordance with law. On the basis of the aforesaid statement, a case was registered against the accused vide formal FIR Ex. PW-7/A. During the investigation of the case, the police prepared the site plan Ex. PW-8/A. The police also took into possession the Caste Certificate Ex. PW-1/F, copy of Resolution No. 32, Ex. PW-1/C, copy of Bill of expenditure of Rs. 350.00 Ex. PW-1/D, copy of compromise deed Ex. PW-1/E, copy of Circular issued by the Director Land Records carrying the letter of Scheduled Castes and Scheduled Tribes for H.P. Statements of witnesses were recorded and the challan was prepared against the accused under Sec. 3(I)(x) of the Act and the same was put up in the Court of Judicial Magistrate 1st Class, Court No. II, Hamirpur on 13th Dec., 2006. The learned Magistrate committed the trial to the Court of learned Special Judge, Hamirpur vide order, dated 7th May, 2007 after supplying copies of the challan to the accused.

(3.) After completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused, a challan was prepared and filed before the learned trial Court.