VISHWAJIT SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The instant appeal, is, directed by the convict/ accused/appellant, against, the pronouncement made by the learned Special Judge (Sessions judge), Una, H.P., upon SC/ST Case No. 2 of 2009, whereunder, he convicted, besides imposed consequent sentence, upon, the convict/accused, for, his committing offences punishable under Sections 448 IPC, and, under Sec. 3(1)(v), of, the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)Act, 1989.

(2.) The facts relevant to decide the instant case are on 23.11.2000, PW-1 Waryam Singh, Complainant, through registered sale deed, had prucahsed 26/40 share (0-00-26 Hec. As also two Katcha shops situated therein) of land described in Khewat Khatauni No. 392/83, Khasra No.2934, measuring 0-00-40 hectare, FOR Pw-3. Premjit, PW1 was a member of scheduled community. His cast was Chamar. PW-1 had reconstructed and renovated the shops. RCCT roof had been laid on the shops in the year 2003-2004. Sh. Sanjiv, Nephew of PW-1, had been running a Maniary shop in one of the shops. Wooden cases of the value of Rs.40,000.00 had been laid in the shops. Sh. Sanjiv had closed the shop. PW-1 had been in possession of both the shops. PW-2 Paras Ram was known to the complainant. PW-2 had been residing in the are of Amb. PW-1 had entrusted the keys of the shops to PW-2. PW-2 had been asked to look for tenants for the shops. On 6.2.2008, PW-2 had found the shops being white washed by the accused. PW-2 had contacted PW-1 and wanted to know if the shops stood sold. PW-1 had denied sale of the shops. He had rushed to business premises of the accused. The accused had been asked about the circumstances under which he had taken possession of the shops in dispute. The accused had informed PW-1 that he had purchased a portion of Khasra No.2933 abutting Khasra No.2934. The shops had been located in Khasra No.2933 at the time of demarcation obtained by the accused. As such the accused had rightly occupied the shops. PW-1 was offered Rs.20,000.00 and got lost. The accused was a member of Rajput community. Hehad used foul language against PW-1. PW1 had instituted complaint Ex.PW1/A against the accused at Police Station, Amb on 8.2.2008, whereon FIR Ex.PW1/A stood registered in the police station concerned against the accused. PW15 Diwakar Sharma, Dy. S.P. and PW-13 Madan Lal, Dy. S.P. had looked into the complaint of PW-1. The police had collected pedigree tables of PW-1 and the accused person from the revenue department. Khasra No.2934 had been got demarcated. PW13 had taken into possession locks Ex.P-3 and P-4, iron rod Ex.P-5, from the accused under recovery memo Ex.PW6/A. PW-15 had taken into possession Keys Ex.P-1 and P-2 of locks from PW-2, thereafter carried and concluded all the investigation(s) formalities.

(3.) On conclusion of the investigation, into the offences, allegedly committed by the accused, a report, under Sec. 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.