MANGI LAL NAYAK Vs. STATE

JUDGEMENT

(1.) By way of filing the instant Criminal Appeal, appellant has challenged the legality and correctness of the order impugned dtd. 7/2/2019' passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in Criminal FR No. 188/2017 whereby the protest petition filed by the appellant was rejected and accepted the final report filed by the police official concerned.

(2.) Brief facts of the case as per appellant are that on 4/5/2017, when he reached to Patta campaign and inquired regarding Patta for construction of his house, the respondent Nos. 2 to 5 started abusing him indicating his caste and started beating him; when Nand Lal, Raghuveer Singh and Jaskaran Singh intervened, they were also beaten by the respondents. The respondents No. 2 to 5 threatened the appellant to kill him if he ever visited the Panchayat. As per him, the above incident was happened due to - previous animosity between them as previously the appellant had lodged a complaint against the respondents No. 2 and 3 disclosing various financial scandals committed by them. In the garb of this, respondents No. 2 to 5 made an assault over the appellant when he proceeded for getting his patta. On the basis of this on 4/5/2017, appellant lodged an FIR No. 87/2017 at the Police Station Sameja Kothi District Sri Ganganagar against the respondents No. 2 to 5 under Ss. 323, 342 and 34 of the IPC and under Sec. 3(1)(r) and 3(1)(s) of the SC/ST Act. Thereafter, the appellant was examined by the Medical Officer, as per in the injury report, nature of injuries were opined to be simple and caused by blunt weapon. 23 witnesses were examined under Sec. 161 Cr. P.C. In pursuant thereto, on 30/6/2017, police filed final report No. 124/2017 with a report that thus case is made out against the respondents No. 2 to 5.

(3.) Aggrieved against the said final report, the appellant filed protest petition before the learned trial Court on 23/12/2017. Thereafter, he examined himself as AW-1 and Nand Lai, Raghuveer Singh, Om Prakash and Jaskaran Singh were examined, as AW-2 to AW-5. The learned trial Court vide order dtd. 7/2/2019 dismissed the protest petition filed by the appellant and accept the final report filed by the official concerned. Hence, this criminal appeal.