SITA RAM GOSWAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vikram Deo Singh, learned counsel for the appellants and Mr. Satya Narayan Prasad, learned A.P.P. for the State.

(2.) The appeal is directed against the judgment and order dated 9th March, 1999 passed in Special Trial No. 528 of 1998 by the learned 1st Additional Sessions Judge- cum-Special Judge, Purnea, by which the appellants have been held guilty for the offence punishable under Sections 323 and 341 of the Indian Penal Code as well as Section 3(i) (xiv) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as "the Act"). The trial Court has sentenced the appellants to undergo R.I. for 2 years under Section 3(i) (xiv) of the Act, R.I. for 6 months under Section 323 of the Indian Penal Code and S.I. for one month under Section 341 of the Indian Penal Code.

(3.) The prosecution story in short, inter alia, is that PW 5 Chaitu Ram, went to offer puja on 11.8.1992 to Ram Janaki Thakurbari of his village-Ragiganj, P.S.Sadar, District-Purnea. He, first of all, went to the well situated within the premises of the Ram Janaki Thakurbari for washing and cleaning his hands and feet. While, he was fetching water from well, appellant No. 1, who was not a member of the Scheduled Caste and Scheduled Tribe came there and insulted the informant by calling his caste name as 'chamar'. He told that he had made the well impure and snatched away the bucket from his hands. He also assaulted the informant by fist and slap repeatedly. The informant requested him to allow him to offer puja, but, both the appellants obstructed him and in the scuffle, the "puja thali of the informant fell down on the ground.