GYNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal under Sec. 372 Cr.P.C. has been filed by the appellants against the judgment and order dtd. 22/8/2013 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Churu in Special Case No. 8/2010 whereby, the learned trial court acquitted the accused-respondents No. 2 to 5 from offence under Ss. 3(1)(x) of SC/ST Act and convicted them for offence under Sec. 352 IPC but instead of awarding any sentence, the trial court gave benefit of probation under Sec. 3 of Probation of Offenders Act to the accused-respondents No. 2 to 5. A fine of Rs.1, 500.00 was also imposed upon each of the accused-respondents No. 2 to 5 under Sec. 5 of Probation of Offenders Act.

(2.) Brief facts of the case are that on 14/9/2009, complainants submitted a complaint before the court of Addl. Chief Judicial Magistrate, Ratangarh to the effect that 9/8/2009 in the panchayat meeting, the accused-respondents No. 2 to 5 abused the complainants by using caste oriented abusive language and again on 10/9/2009 in a public place, the accused-respondents No. 2 to 5 abused the complainant with caste oriented words and insulted them. The court sent the report under Sec. 156(3) Cr.P.C. to PS Rajaldesar. Upon which, FIR No. 85/2009 was registered against the accused-respondents No. 2 to 5 by the Police and investigation was commenced.

(3.) After investigation, the police filed challan against the accused-respondent Nos.2 to 5 for offence under Ss. 352 IPC and Sec. 3(1)(x) of SC/ST Act. Thereafter, the charges of the case were framed against the accused-respondents No. 2 to 5, which they denied and claimed trial.