STATE OF U P (NOW STATE OF UTTARAKHAND) Vs. ATOL SINGH S/O MOR SINGH AND ORS
LAWS(UTN)-2012-9-158
HIGH COURT OF UTTARAKHAND
Decided on September 11,2012

State Of U P (Now State Of Uttarakhand) Appellant
VERSUS
Atol Singh S/O Mor Singh And Ors Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 10.03.1999, passed by learned Special Judge/ Sessions Judge, Tehri Garhwal, in Special Trial No. 15 of 1997, whereby said court has acquitted the accused/respondent Atol Singh from the charge of offence punishable under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and punishable under section 504 and 506 of I.P.C., Patwari Circle Nagun, District Tehri Garhwal.
(2.) Heard learned counsel for the appellant, and learned counsel for the respondent, and also perused the lower court record.
(3.) Prosecution story, in brief, is that on 16.02.1997, at about 4.40 p.m, complainant Roshan Lal (PW1) had gone to Nagun market. It is alleged that there accused Atol Singh (present respondent), who was election agent of Village Pradhan (with whom the complainant had enmity arisen out of election) uttered abusive language insulting the complainant for his being member of scheduled caste. As per the prosecution case, said incident took place in the presence of Vijay Pal Singh Chauhan, Mahavir Singh (PW2), Vinod Kumar, Amar Singh, Kali Ram and others. Though, complainant Roshan Lal did not lodge First Information Report with Patwari of the area, but he gave a written report (EX A1) to the Chief Judicial Magistrate, and obtained his orders directing the Naib Tehsildar to register the case and investigate the crime. (In Uttarakhand hills certain Revenue officials have been given police powers). On the basis of said order dated 18.02.1997, Naib Tehsildar, Prem Lal Tiwari (PW5) registered a case on 22.02.1997, and investigated the crime. After interrogating the witnesses, the Investigating Officer submitted charge sheet (EX A-5) against the accused/respondent Atol Singh, for his trial in respect of offences punishable under section 504 and 506 of I.P.C., and one punishable under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.;


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