SUNITA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant convict against judgment dated 21.02.2009, passed by learned Special Judge, Hamirpur, H.P., in Sessions Trial No.23 of 2008, titled as State vs. Sunita Devi, in case FIR No.53/2008 dated 08.04.2008, registered under Section 3 (1) (x) and (xiii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) in Police Station, Barsar, District Hamirpur, H.P., whereby appellant has been convicted under Section 3(1) (x) of the Act and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.2000/- and to undergo further imprisonment for one month in case of default in payment of fine.

(2.) I have heard Mr. Bhuvnesh Sharma, learned counsel, for the appellant-convict and Mr. Raju Ram Rahi, learned Deputy Advocate General, on behalf of the respondent-State and have also gone through the record.

(3.) Brief facts of the case are that on 26.03.2008, complainant Jasbiran Devi (PW.1) had submitted an application (Ex.PW.1/A) to the Pradhan Gram Panchayat, Sathwin, alleging therein that appellant-convict and her son Pankaj had beaten children of complainant, who came to the complainant in the cowshed where she was working and they were weeping at that time. On questioning about it Sunita Devi abused. It is further stated in the application that when complainant or her husband went on the public tap to fetch water, then also appellant-convict abused and started saying that 'Julaha' had touched water tap and every time she used to call 'Julaha-Julaha' and abuse them.