STATE OF HIMACHAL PRADESH Vs. AMAR NATH

JUDGEMENT

(1.) This appeal has been preferred by State against the acquittal of respondent-Amar Nath vide judgment, dated 31st July, 2007, passed by the learned Sessions Judge, Hamirpur in Sessions Trial No. 26 of 2006 in case FIR No. 109/2006, dated 27th June, 2006, registered under Section 3 (viii) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Bhoranj, District Hamirpur.

(2.) Investigating agency was set in motion by PW-1 Hari Ram by submitting an application Ext. PW-1/A on 27th June, 2006 in Police Station Bhoranj against respondent-Amar Nath stating therein that on 30th May, 2006, at about 6.00 p.m., while going home, he alighted from the bus at Bus Stop Patta, where respondent-Amar Nath abused him by uttering words "Madar Chod, Behan Chod, Chamar tu apne aap ko kya samjhata hai, hamne tujhe sabak sikha diya hai'. On requesting not to abuse on the basis of caste, he again said that they will kill the Chamars like 1947 and will create an upper caste society. It was further alleged that respondent-Amar Nath, intending to kill the complainant, also caught hold him from the neck and tried to beat him. At that time, PW-2 Rattan Chand and PW-3 Dev Raj rescued him from the clutches of the respondent, who threatened to kill him. It was also complained that respondent claimed his relations with highly placed persons and, therefore, he could kill the complainant at any time. In the last, it was stated in the complaint that because of his pre-occupations, complainant could not come to lodge the complaint at earlier point of time.

(3.) On the basis of aforesaid complaint, FIR Ext. PW-6/A was lodged and investigation was carried out. During investigation, caste certificate of complainant PW-1 Hari Ram (Ext. PW-4/B) and respondent-Amar Nath (Ext. PW-4/C) were obtained by PW-7 SI Amar Singh from the Executive Magistrate Surjan Singh, issuance of which has been proved by PW-4 Dinesh Kumar, Miscellaneous Clerk in the Tehsil Office Bhoranj. Notification of castes scheduled in Himachal Pradesh Ext. PW-4/D was also obtained from the concerned authority. Respondent-Amar Nath was serving as a fire watcher in the Forest Department. Muster roll Ext. PW-5/A, proving his presence on duty till 5.00 p.m. on 30th May, 2006, was also collected by the investigating officer. Spot map Ext. PW-8/A was prepared after recording statements of witnesses. On completion of investigation, challan was presented in the Court.