SURTAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal jail appeal has been filed by the convictappellant, Surtan Singh S/o Jawahar Singh, by caste Rajput, against the judgment and order dated 12.09.1994 passed by learned Special Judge, SC/ST (Prevention of Atrocities) (District & Sessions Judge), Balotra in Sessions Case No.50/93-State of Rajasthan Vs. Surtan Singh, whereby the learned trial court convicted and sentenced the accused-appellant as under: - <FRM>JUDGEMENT_180_LAWS(RAJ)10_2012.html</FRM>

(2.) Briefly stated, the facts of the case are that the complainant, Magaram Meghwal (working as teacher in Government Upper Primary School, Booth) lodged a typed report on 19.08.1993 before the Superintendent of Police, Barmer, to the effect that when the accused-appellant, Surtan Singh restrained the ladies and children of Meghwal community from taking water from the Public Tap of the village Booth, the complainant reproached the accusedappellant. On 17.08.1993, at about 01.00 PM when the complainant was going to his home from school, the accused appellant, Surtan Singh, came with 'Lathi' and gave beatings and abused him by caste as the complainant belongs to 'Meghwal' (SC/ST) community. On hearing the hue and cry, the wife of the complainant and other persons came and rescued him.

(3.) On this report registered through the Superintendent of Police, Barmer, the investigation was commenced, and the police after investigation filed Challan against the accused-appellant for the offences punishable under Sections 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short, hereinafter referred to as 'Act of 1989') and 341, 323 and 504 of IPC. Thereafter charges were framed for the aforesaid offences, to which the accusedappellant pleaded not guilty and claimed trial.