AMANDEEP SINGH @ AMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, by way of the present appeal under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, has challenged the order dtd. 5/10/2018 passed by the learned Special Judge, SC/ST Act, Hanumangarh, whereby charges were framed against the appellant under Ss. 323/34 and 354(a) read with Sec. 34 of the IPC, Sec. 3(1)(11) read with Sec. 6 of the SC/ST Act and Sec. 3(1)(10) read with Sec. 6 of the SC/ST Act.

(2.) Originally, the appeal was filed by the present appellant along with Navdeep Singh and Mohar Singh. However, by way of order dtd. 5/7/2023, the appeal qua appellants-Navdeep Singh and Mohar Singh was dismissed as withdrawn and the appeal was confined for adjudication only qua appellant- Amandeep Singh @ Aman and further proceedings before the learned Trial Court were stayed.

(3.) Brief facts of the case are that a complaint was lodged on 29/9/2012 by the complainant-Jassa Singh, against the appellant and other co-accused before the learned Additional Chief Judicial Magistrate, Hanumangarh. In the complaint, the complainant alleged that he had worked as a labourer at a brick kiln belonging to the appellant during the year 2011-12. Upon completion of the work session, he demanded a sum of Rs.50,000.00, which was allegedly due from the appellant. In response, the appellant and other co-accused asked the complainant to hand over his work diaries, stating that the outstanding amount would be paid thereafter. The complainant further stated that he was asked to vacate the kacha hut where he was residing. He insisted that he would vacate only after receiving the due payment. He asserted that on 29/9/2012, the appellant along with other co-accused threatened him with dire consequences, including threats to his life. Althougha he lodged a complaint at Police Station, Hanumangarh, but no action was taken. On the same day, the appellant and other co-accused allegedly came to his hut, physically assaulted him and accused No. 3 twisted his arm. The appellant reportedly pointed a pistol at the complainant's head, hurled caste-based abuses and threatened him to vacate the premises, failing which, he would be shot dead. It was further alleged that the appellant and co-accused No. 2 grabbed the hand of the complainant's wife and tore her clothes. When the complainant's mother attempted to intervene, accused No. 4-Jaspal Singh, allegedly hurled caste-based abuses at her as well. Thus, the complaint in question was filed, however, due to jurisdictional issues, the complaint was transferred to another Court. By order dtd. 8/10/2012, police was directed to undertake an investigation under Sec. 156(3) Cr.P.C. Pursuant to which, an FIR was registered on 12/10/2012. During the investigation, the police examined the complainant Jassa Singh, his mother Manjeet Kaur, his wife Karamjeet Kaur, neighbors Deshraj @ Dinesh Kumar, Rajendra Kumar, Gurpreet Singh, Sh. Rambhaj (ASI), and Sh. Sandeep Kumar (a friend of the appellant). After thorougha investigation, the police submitted a negative final report, asserting that the appellant was not present at the scene of the incident, as confirmed by mobile tower location data. It was further stated that the allegations made by the complainant were not supported by the statements of his mother and wife. The appellant's plea of alibi was found to be substantiated by statements of other witnesses. Moreover, no case was found to be made out against the other co-accused. Post filing of the negative final report by the police officials, the learned Trial Court proceeded to take cognizance of the offences by way of order dtd. 15/7/2017 and, thereafter, summoned the accused. Subsequently, co-accused Jaspal Singh was discharged by way of order dtd. 5/10/2018, however, by way of impugned order the charges were framed against the present appellant and co-accused Navdeep Singh and Mohar Singh. Aggrieved by the said order, the present criminal appeal has been filed.