STATE OF RAJ. Vs. RAMESHWAR @ BADLU

JUDGEMENT

(1.) This criminal appeal by the State of Rajasthan arises out of the judgment and order dated 15th December, 1988 passed by the learned Additional Chief Judicial Magistrate, Neem-ka-thana, whereby the learned Magistrate has acquitted the accused respondent of the offences charged with.

(2.) On 17.11.86 at about 7-8 AM, Mst. Dilkori had gone to hand pump to fetch water, where accused respondent Rameshwar told her that he will not permit her to fetch water as she being a 'Chamar' (a member of Scheduled Caste). On being replied that hand-pump is a Government property, the accused got annoyed and broke her half filled earthen water pot and pushed her. On hearing the noise, her husband, Matadeen came there and requested the accused respondent with folded hands to permit her to fetch water. Thereupon the accused told that he will not permit 'Chamars' and 'Dhedh' and inflicted a Kulhari blow on the head of her husband. Accused also inflicted blows at his chest and hand using back side of Kulhari. When she tried to intervene, the accused gave fist blow, which resulted in breaking her tooth. 'Hearing noise, Phool Chand, Madu Ram and Sardara Chamar came there and intervened. Matadeen became unconscious. He was taken to hospital and was hospitalized. Upon this report, the police registered a case for offence under Sections 324 and 323 I.P.C. and Section 4 of the Protection of Civil Rights Act and proceeded with investigation. On completion of investigation, the police submitted a charge sheet against the accused.

(3.) Learned trial court framed charges against the accused respondent for offence under Sections 324, 325 and 323 I.P.C. and Section 4/7 of the Protection of Civil Rights Act. The accused denied the charges and claimed trial.