RAM CHANDRA Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) In this criminal revision petition, complainant Ram Chandra is challenging judgment dated 28.11.2008 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Merta, whereby, the said trial Court acquitted non-petitioners from the charge levelled against them for committing offence under Sec. 447, I.P.C. read with Sec. 3(1)(5), SC/ST (Prevention of Atrocities) Act, 1989.

(2.) Learned counsel for the petitioner submits that the trial Court has completely ignored the testimony of complainant P.W.-1 Ram Chandra, P.W.-2 Chhitarmal, P.W.-4 Prabhu Ram and P.W.-5 Srichand who gave their categorical statements that the complainant party was in possession of the land in dispute and, on the date of the incident, all the respondents trespassed in the khatedari land of the complainant party with a view to grabbing the land but, upon objecting, they opposed them and used the language deriding their caste as "Neech" and "Kamin", therefore, by words they insulted and humiliated the complainant in public. Further, they ousted the complainant party from their agricultural land.

(3.) Learned counsel for the petitioner further submits that there was ample evidence on record adduced by the prosecution for committing offence under Sec. 447, I.P.C. read with Sec. 3 (1)(5), SC/ST (Prevention of Atrocities) Act but the learned trial Court completely ignored the said evidence and merely on the basis of the surmises and conjectures acquitted all the non-petitioners, therefore, the judgment impugned may be set aside and matter may be remitted to the trial Court for re-hearing and deciding the matter after due application of mind towards the evidence recorded in the trial.