VIDYA NAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.04.2002 passed by Sri Vijay Kumar Verma, Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter to be referred as 'the S.C. and S.T. (POA) Act'], by which he has convicted the appellants under Sections 147, 323 and 341 of the Indian Penal Code and also under Section 3(1) (X) and (XI) of the S.C. and S.T. (POA) Act, 1989 and has further convicted the appellant, Vidya Nand Singh under Section 379 of the Indian Penal Code. All the appellants have been sentenced to undergo R.I. for six months under Section 323 of the Indian Penal Code, three months S.I. under Section 147 of the Indian Penal Code and S.I. for three months under Section 341 of the Indian Penal Code and the appellant Vidya Nand Singh has been further sentenced to undergo R.I. for one year under Section 379 of the Indian Penal Code. However, no separate sentence has been passed for conviction under Section 3(1)(X) and (XI) of the S.C. and S.T. (POA) Act.

(2.) The prosecution story in short is that the informant, Ratilal Paswan (P.W.5) lodged Fardbeyan on 18.10.1996 at 06:30 P.M. before the Officer Incharge of Harijan Police Station, Begusarai alleging therein that on the same day at 03:00 P.M., the informant along with his wife proceeded towards market from his house for the purpose of purchasing the articles of 'Dashehra', and he reached near the 'Thakurbari', all the appellants, namely, Vidya Nand Singh, Ram Dhan Singh, Karelal Singh, Nitya Nand Singh, Sachidanand Singh and Ramchandra Singh armed with 'lathi', 'paina', pistol' and other deadly weapons surrounded them and asked him why he had filed a case in Labour Office, withdraw it otherwise, it will be difficult to live in the village. In reply, informant stated that you took work from him like bounded labourer but do not pay wages. Thereupon, the appellants abused him by stating 'Saala Dusadh' and thereafter Ram Chandra Singh ordered to assault him, on which Nitya Nand Singh assaulted with the 'But' portion of the Pistol on his head, which caused injuries on his left hand and other appellants also assaulted by fist and slaps. It has also come in the prosecution story that when wife of the informant (P.W.5), Mina Devi (P.W.6) raised alarm, the accused persons assaulted her by fist and slaps. It is also case of the prosecution that the accused persons tried to outrage the modesty of his wife by pulling her 'Saree' but the witness, Rambahadur Paswan and Dular Paswan assembled there, who saved him and his wife from further assault. Further allegation against the appellant-Vidya Nand Singh is that he took out Rs.240/- from the pocket of informant and they also threatened not to file any case against them otherwise to face dire consequences. On the basis of the aforesaid Ferdbeyan, Begusarai Harijan Thana P.S. Case No.13 of 1996 dated 18.10.1996 was instituted against the appellants under section 342, 323, 379, 354, 504 and 34 of the IPC and Section 3 of S.C. and S.T. (POA) Act, 1989 and the Police after investigation, submitted charge-sheet against all the appellants under the aforesaid Sections of the IPC and S.C. and S.T. (POA) Act, 1989.

(3.) From perusal of the record, it appears that the case was transmitted to the Special Judge of Begusarai for trial and then the charges were framed against all the accused persons under Sections 147, 323, 341 as well as under Section 3 (1) (x) and (xi) of S.C. and S.T. (POA) Act, 1989. Further the appellant Vidya Nand Singh has also been charged under Section 379 of the I.P.C. Accused pleaded not guilty to the charges.