HARI BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred by the appellant against the judgment dated 19.12.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities ) Act Cases, Udaipur in Sessions Case No.114/1991 whereby he has been convicted and sentenced as under:-

(2.) Briefly stated the facts of the case are that on 03.04.1990, a complaint was lodged by the complainant, Viram Singh (P.W.5), at the Hathi Pol Police Station, Udaipur. The complaint led to the registration of a First Information Report (FIR) under Sections 341, 323 read with 34 of the Indian Penal Code, as evidenced by FIR (Ex.P.3).

(3.) The leamed Amicus Curlae contended that the trial court's conviction of the appellants is flawed, both in law and on the facts of the case. It is asserted that the complainant, Viram Singh (P.W.5), was indeed a public servant, but this fact has not been established beyond a reasonable doubt. The complainant's own statement places him in the vicinity of "Gundia Bheruji" in Udaipur at the time of the incident, which does not conclusively indicate he was engaged in official duties.