STATE OF HIMACHAL PRADESH Vs. RAM SINGH

JUDGEMENT

(1.) Instant Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, is directed against the impugned judgment of acquittal dated 10.3.2008, passed by learned Special Judge, Sirmaur, District at Nahan, in Sessions Trial No. 24-ST/7 of 2005, whereby respondent (hereinafter referred to as 'accused') has been acquitted of the charge framed against him under Sections 3(1)(x) of the Scheduled Castes and Schedules Tribes ( Prevention of Atrocities) Act, 1989.

(2.) Briefly stated facts as emerge from the record are that on the basis of complaint Ex.PW3/A, having been preferred by Smt. Kamla Devi (PW-3) wife of Sh. Sohan Singh, a formal FIR Ex.PW10/A came to be registered against the accused at police Station, Renuka Ji under Section 3(1)(x) of the Scheduled Castes and Schedules Tribes ( Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC and ST Act) alleging therein that one Smt. Maina Devi (PW-7) wife of Budh Singh, was employed in Government Primary School, Deed Pannar for preparing and distributing mid-day meal to the students studying in the said school. Since Smt. Maina Devi was unable to attend her duties on 16.11.2004 and as such, after preparation of " Khichri", she had assigned the duty to distribute the same to the complainant Smt. Kamla Devi. On 17.11.2004, accused visited the school premises and allegedly in the presence of teachers namely Sh. Sher Singh (PW-2), Smt. Archana and few of villages namely Sh. Mast Ram (PW-6), Kaso Devi, Manga Ram (PW-8), Kalmu (PW-4) and Tika Ram residents of village Pannar, started hurling filthy abuses to the complainant Smt. Kamla Devi particularly by calling her with her caste. As per complainant, accused uttered following words "TUM KULTI HO OR NEECH JAAT SE SAMBANDH RAKHTI HO TATHA TUMNE KAL HAMARE BACHHON KO KHICHRI BAANT KAR VA KHILA KAR BACHHON KO BHARASHT KAR DIYA VO KAHIN KE NA RAHE, AB HAMIN SARE BACHHON KO RENUKA JI MAIN SANAN KARA KAR PAVITRA KARANA PAREGA. AGAR AINDA TOONE AISA KIYA TO TERI JAAN KI KHAIR NAHIN." Since, the aforesaid words were derogatory on the face of it, complainant reported the matter to the School Headmaster with a request to take action against the accused, but since accused failed to turn up to explain his conduct in terms of the explanation called by the Headmaster and as such, Headmaster issued certificate Ex.PW3/B to the complainant advising her to take appropriate action in accordance with law.

(3.) In the aforesaid background, complainant reported the matter to the Superintendent of Police, Sirmaur at Nahan, which was subsequently forwarded to Police Station, Renuka Ji, on the basis of which, FIR, as mentioned above, came to be registered. Investigation in the instant case was conducted by Sh. Basher Singh (PW-10)), who happened to be Dy.S.P at the relevant time. The investigating Agency after completion of the investigation presented the challan in the competent Court of law.