DILIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal impugns the judgment dated 6.12.1997 of the learned Special Judge, SC/ST (Prevention of Atrocity Cases) jhalawar whereby the accused-appellant (for short the accused) was convicted and sentenced under section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act) to undergo one year rigorous imprisonment and to pay a fine of Rs. 500.00, in default of payment of fine to further suffer two months simple imprisonment.

(2.) Brief resume of the facts is that the informant Dr. Om Prakash Meena, Medical Officer Primary Health Centre Avor instituted a written report on 25.9.1995 with the Police Station Pagariya that at about 11.00 p.m. the accused who was compounder abused him and called 'Neech, Chamar and Bhangi'. The accused wanted to kill him and was having knife and gun in his hands. The P.S. Pagaria registered a case under section 3 of the Act and investigation commenced. After completion of the investigation charge-sheet was laid and the case was committed to the Court of learned Special Judge. Charges under sections 504 & 506 Penal Code and Sec. 3(1)(x) of the Act were framed. The appellant pleaded not guilty and claimed trial. The prosecution examined as many as 13 witnesses. Statement of the accused under section 313 Crimial P.C. was recorded. The accused examined one defence witness. The informant and the accused entered into compromise which was attested by the learned Special Judge on 27.2.1997. The learned Special Judge vide impugned judgment acquitted the accused from the charges under sections 504 & 506 Penal Code on the basis of compromise but convicted under section 3(i)(x) of the Act as indicated here in above.

(3.) I have reflected over the rival submissions and carefully scanned the record of the case.