INDERJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 16.11.2006, rendered by the learned Special Judge, Kangra at Dharamshala, H.P. in Sessions Case No. 15-N/VII of 2005, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sec. 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) and under Sec. 506 Penal Code was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 2000.00 under Sec. 3(1)(x) of the Act. In default of payment of fine, the convict was further ordered to undergo simple imprisonment for a period of two months. No separate sentence was awarded under Sec. 506 IPC.

(2.) The case of the prosecution, in a nut shell, is that PW-2 complainant Pritam Chand filed a complaint Ext. PW-2/A in the Special Court on 24.5.2004 alleging therein that he and accused i.e. appellant Inderjeet Singh were permanent residents of Village and Post Office Guryal, Tehsil Nurpur, Distt. Kangra, H.P. The complainant belongs to scheduled caste (sub-caste Chamar) and the accused belongs to Rajput community. On 30.3.2004, at about 8:30 AM, when the complainant returned to his house from the fields, he found that the accused had come to his house. He was threatening and abusing his old parents and other lady members of the family. The complainant requested the accused not to do so, however, the accused uttered following words against him; "Chamara teri yeh auquat ki tu mera sath zabaan larae". He requested him not to repeat the expression "chamar" repeatedly. However, the accused threatened to kill him. In the meantime, Bishan Singh PW-3, brother of the complainant reached on the spot. The accused also threatened Bishan Singh. PW-1 Sukh Dev son of Bhim Singh, caste Rajput also reached the spot and requested the accused not to abuse complainant and his family members. The accused replied in the following words; "Tusan Rajputan chamar sar par charah rakhey hain". The complainant moved an application on 31.3.2004 before the Pradhan Scheduled Castes Welfare Sabha, Tehsil Nurpur. The complaint was sent by the Pradhan to the SHO, Police Station, Nurpur on 4.4.2004 after making enquiry on the spot. However, the police did not take any action. PW-4 Raj Kumar, brother of complainant moved an application before the Deputy Commissioner, Kangra at Dharamshala requesting him for making immediate inquiry and taking suitable action against the accused on 12.5.2004. It is, in these circumstances, the complaint was filed under Sec. 3(1)(x) of the Act. The Special Court framed charges against the accused under Section 3(1)(x) of the Act and under Sec. 506 Penal Code on 19.1.2006.

(3.) The prosecution, in order to prove its case, has examined as many as 4 witnesses, namely, Sukh Dev Singh PW-1, Pritam Singh, PW-2, Bishan Singh PW-3 and Raj Kumar PW-4. The accused was also examined under Sec. 313 Cr.P.C. He has denied the prosecution case. The learned trial Court convicted and sentenced the accused, as noticed herein above.