STATE OF RAJASTHAN Vs. DARSHAN SINGH

JUDGEMENT

(1.) Instant leave to appeal has been filed against the judgment & order dated 31st May, 2000, passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sriganganagar.

(2.) Accused were put on trial for offence perishables under Secs. 147, 148 & 504 Penal Code read with Sec. 3(1 )(x) of the SC/ST Prevention of Atrocities Act. Learned trial court has acquitted accused giving reasons that there has been material contradictions in version of the victim as well as the prosecution witnesses, particularly regarding time of occurring of incident. According to some of the witnesses, the incident accused between 7-7.30 p.m. while other stated it accused at about 9-9.30 p.m. As per some of them, accused called victim as 'Nayakoda' & 'dedh'. As per PW 1 Smt. Somi Devi, she deposed that they were described 'donkeys' & 'dogs'. More so, there has been material difference in deposition of PWs 1, 2 & 3. Learned trial court, therefore, come to conclusion that no case was made out to bring charges home under the said provisions.

(3.) I see no reason to interfere. Leave to appeal is declined and petition is hereby dismissed. Leave to appeal dismissed.