STATE OF HIMACHAL PRADESH Vs. MADAN LAL

JUDGEMENT

(1.) Present appeal has been preferred by the State against acquittal of respondent by Special Judge (Sessions Judge) Una in Session Case No. 1/2005, titled as State Vs. Madan Lal, in case FIR No. 138/2004, dated 26.2.2004, Registered in Police Station, Una under Section 3(1)(x) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the "Act" for short).

(2.) According to prosecution case, complainant PW-1 Gurcharan Singh had submitted an application Ex. PW-4/A to the Superintendent of Police Una on 16.2.2004, duly forwarded by Pradhan Gram Panchayat, Chatara on 15.2.2004, stating therein that when on 12.2.2004 at about 6:30 P.M., he had visited the house of respondent/accused in furtherance of his official duty as Chowkidar to serve notice issued by Panchayat to respondent to appear in the Panchayat Ghar of Gram Panchayat Chatara on 13.2.2004, respondent/accused had abused him and called him Kutta Chamar and had uttered that 'Teri Sali Kutte Chamar Di Tu Mujhe Saman Leakar Aya Sala Kutte Chamar'. According to PW-1 Gurcharan (complainant), this incident was witnessed by PW-2 Sher Singh and PW-5 Rajinder Kumar.

(3.) The complaint submitted by PW-1 Gurcharan Singh was sent, from the office of Superintendent of Police Una, to Police Station Sadar whereupon PW-7 Inspector Surinder Sharma had registered FIR Ex. PW-7/A on 26.2.2004 and an endorsement to this effect Ex. PW-7/B was also made on Ex. PW-4/A. Thereafter investigation was carried out by PW-8 Anupam Sharma, the then Additional Superintendent of Police, Una, who on 27.2.2004 recorded the statement of witnesses and on 9.3.2004 visited the spot and prepared spot map Ex. PW-8/A. On 27.3.2004 copies of parivar register Ex. PW-3/A and Ex. PW-3/C pertaining to respective families of complainant and accused, copy of register of Panchayat Ex. PW-3/B, indicating the filing of complaint by PW-5 Rajinder Kumar against respondent/accused Madan Lal and copy of notice Ex. PW-3/D were also taken in possession from Gram Panchayat Chatara, vide memos Ex. PW-8/B and Ex. PW-8/C. During investigation, copy of pedigree tables Ex. PW-6/A and Ex. PW-6/B pertaining to PW-1 Gurcharan Singh (complainant) and respondentaccused Madan Lal respectively, were also taken into possession.