SAMBHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred the instant appeal under Sec. 374 of the Cr.P.C. being aggrieved of the judgment dtd. 18/8/1994 passed by the learned Special Judge, Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Cases Court, Jodhpur in Sessions Case No.52/1994, whereby he has been convicted and sentenced as under :--

(2.) Briefly stated, facts relevant and essential for disposal of the case are that on 28/3/1994 complainant Peeraram, resident of Narwa, submitted a written report at the Police Station Soorsagar to the effect that in the morning of that day, his wife came to Police Line, where he was serving as a Sipahi. She told that on the previous night at about 10-11 p.m. Shambhu Singh and Mahendra Singh came to their house in intoxicated condition; hurled caste related abuses and pelted stones on their house, which were still present at the spot. It was also stated in the complaint that previously also on 21/3/1994, the accused committed similar act and on the next day, their relatives apologized for their act. Now they have repeated the same act. Roop Singh also witnessed the incident.

(3.) On the basis of the aforesaid report FIR No. 60/1994 was registered and after usual investigation, a charge-sheet came to be submitted against the present appellant and one Mahendra Singh for the offences under Sec. 336, 504 IPC and Sec. 3(1)(x) of the SC/ST Act in the Court of the Additional Chief Judicial Magistrate No. 3, Jodhpur, from where the case was committed and transferred to the Trial Court.