BAGGA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 10.4.2001 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar (for short 'the trial court' hereinafter) in Criminal Case No. 55/99 whereby the trial court found the appellant guilty for the offence under Sec. 447 Penal Code and instead of sentencing him at once with imprisonment, he was admonished under Sec. 3 of the Probation of Offenders Act, 1958 (for short 'the Act' hereinafter) and under Sec. 5 of the Act, he was directed to pay compensation in the sum of Rs. 1000.00 to the complainant and further directed to hand over the possession of plot No. 263 and 264 to complainant Chetan Ram. Aggrieved by the judgment and order impugned, the appellant has filed the instant appeal.

(2.) I have heard learned counsel for the appellant and learned Public Prosecutor. Perused the impugned judgment and order so also the the record of the trial court.

(3.) PW-1 Chetan Ram field a complaint before the Addl. Chief Judicial Magistrate, Sri Karanpur against the accused appellant for the offence under Sec. 504 Penal Code and under Sec. 3(1)(v) and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short 'the SC/ST Act'). The Judicial Magistrate forwarded the complaint to the police under Sec. 156(3) Cr.RC. for investigation. After investigation, the police filed challan against the appellant for the offence under Sections 447, 504 Penal Code and under Sec. 3(x) of the SC/ST Act. By order dated 10.4.2001, the trial court framed charge against the appellant that prior to six months (sic), on 20.2.1999 he had trespassed the plots No. 263 and 264 belonging to complainant Chetan Ram village Kharia and cultivated the land and thereby he committed the offence of tresspass. In para 2 of the complaint, the complainant stated that appellant has trespassed the plots bearing No. 263 and 264 which were alleged to have been allotted to the complainant. Complainant, Chetan Ram (PW-1) stated before the court that two plots namely 273 and 274 were allotted to his father Lekhu Ram which were in his father's possession and after the death of his father, he continuously possesses the said plots. It is stated that appellant caused damage to the structure on the plot by trespassing upon the plot and thereby cultivated the land. It was also stated that complainant was abused by his caste (name).