STATE OF RAJASTHAN Vs. SHIVDAN, SON OF DANUDAN, BY CASTE CHARAN, RESIDENT OF MUNJASAR PANCHU, TEHSIL NOKHA, DISTRICT BIKANER

JUDGEMENT

(1.) This criminal leave to appeal under Sec. 378 (i) & (iii) of the Code of Criminal Procedure, 1973 (for short Crimial P.C. ) is preferred by the appellant-State of Rajasthan aggrieved by the judgment and order dated 27.10.2015 passed by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Cases, Bikaner (for short the trial court hereinafter) whereby, the accused-respondent has been acquitted of the charges levelled against him for the offences punishable under Sec. 504 Penal Code and Sec. 3 (1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the SC/ST Act ).

(2.) The brief facts of the case are that a written complaint (Ex.P-1) was submitted by the complainant-Uttamaram on 4.5.10 to the Station House Officer, Police Station Panchu, District Bikaner stating that on 27.4.2010, he and one Shivdan were filling their water container from the water tank in Meghwals' Mohalla. While, standing by the side of Shivdan, the complainant's hand touched the water container of Shivdan. The accused Shivdan started abusing the complainant in the name of caste and assaulted him stating that he has spoiled his water container. In the meanwhile, the complainant's brother Om Prakash, Roopa Ram, Ishudan, Sumerdan and Kesuram came and rescued him.

(3.) On the basis of the aforesaid written report, a first information report being No.27/2010 was registered at Police Station Panchu, District Bikaner for the offences under Sec. 323 Penal Code and Sec. 3 (1) (xi) of the SC/ST Act. After investigation, the police filed challan against the accused respondent for the offence under Sec. 504 Penal Code and Sec. 3 (1) (x) of the SC/ST Act, before the Judicial Magistrate, Nokha, from where the case was committed to the court of Special Judge (SC/ST Cases), Bikaner.