KAMALJIT Vs. STATE OF H P

JUDGEMENT

(1.) Appellant is aggrieved by the judgment, dated 23rd November, 2002, of learned Special Sessions Court, Hamirpur, whereby he has been convicted of offence, under Section 3(x) and (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 251000, with an order that on realization of the amount of fine, a sum of Rs. 21,000 shall be paid, by way of compensation to the victim of the offence, namely PW1 Mukhtiari Devi.

(2.) Case of the prosecution, as per evidence on record, may be stated thus. PW-1 Mukhtiari Devi was working as a Teacher in an Anganwari School. The School also used to provide cooked food to pregnant women of the area, besides attending upon the tiny-tots of the area. On 2nd February, 1998, appellant went to the school and enquired as to what had been cooked that day. He was told that Khichdi would be prepared. Appellant thereafter kept roaming around the School and would occasionally leer at PW-1 Mukhtiari Devi. After some time when asked why he was roaming about, around the School, the appellant hurled abuses on Mukhtiari Devi. In the evening, PW-1 Mukhtiari Devi informed her husband Chuni Lal about the incident. Next day, her husband accompanied her to the School and after leaving her there returned. Around 11 or 11.30 a.m., the appellant went to the school. When PW-1 Mukhtiari Devi objected to his visit and asked him not to enter the school, between 10 a.m. and 2 p.m., he called her a Chamari and said which Officer had authorized her a Chamari by caste, to occupy teacher's chair. He also said that he would remove her clothes and make her to walk to her residence stark naked. Then he took out a Chappal, which he was wearing and dealt 4-5 blows on the head of PW-1 Mukhtiari Devi. In the meanwhile, mother- in-law of PW1 Mukhtiari Devi namely Amriti Devi (PW-3) came there, with an infant of Mukhtiari Devi to get her breastfed. On seeing the appellant hitting her daughter-in-law, she asked him why he was indulging in such an act, he is alleged to have dealt a few blows of Chappal on the head of Amriti also. PW-2 Nirmala Devi, who used to assist PW-1 Mukhtiari Devi, in running the Anganwari, was not present at that time, as she had been deputed to leave a child at his place, as he had been crying. On return, she saw Mukhtiari Devi crying. On enquiry, Mukhtiari Devi told her that she had been beaten up, with a Chappal, by the appellant and had also been insulted by being called Chamari and being told that she being a Chamari could not sit on the chair of School teacher.

(3.) Matter was reported to the Deputy Commissioner, vide complaint Ex. PW-1/B, by PW-1 Mukhtiari Devi on the next following day. Deputy Commissioner marked it to Deputy Superintendent of Police, Head Quarters, for taking strict action in the matter. On the same day, complaint was also lodged with Pradhan of the Panchayat. Panchayat summoned the appellant for 7th February, 1998, but he did not appear. Panchayat then forwarded that complaint to the police. The same is Ex. PW-1/ A.