SUNIL KUMAR GARG - (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 3-7-1996 passed by the learned Special Judge, SC/ST Cases, Bikaner in Case No. 2/95 by which he acquitted the accused respondent of the charges for the offence under Section 447, IPC and under Sections 3(1)(x) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act')
(2.) The necessary facts giving rise to this appeal, in short, are as follows :- PW 4 Taruram sent a written report Ex. P/5 dated 10-7-1994 addressed to Superintendent of Police, Bikaner, in which he has stated that he is by Caste Meghwal and member of Scheduled Caste and he was allotted 9 bighas agriculture land in Chak 2 RM Murabba No. 92/37 and 92/45 and khatedari rights over the said land were also given to him on 2-4-1993, but he has been in possession of that land since 1981. He has further stated in the report that accused respondent, who is also resident of 2 RM, Police Station Chhatargarh, has taken possession of the land belonging to him illegally and the accused respondent has started constructing shops there. He has further stated in the report that he asked many times to accused respondent how he is possessing the land belonging to him and upon this, accused respondent told him that to maintain the land is not the business of persons like him belonging to scheduled caste and accused respondent also abused him by saying the words "Chudda Dhed" and at the time when these words were spoken by accused respondent, many people were there. Thus, accused respondent insulted him and has also deprived him of his land. On this report Ex. P/5, S. P., Bikaner vide order dated 11-7-1994 directed the S.H.O., Police Station, Chattargarh to register the case and thereafter, PW 2 Iqbal Singh S.H.O., Police Station, Chattargarh registered the case and chalked out regular FIR Ex/P/6 for the offence under Sections 447 and 3(v)(x) of the SC/ST Act and started investigation and during investigation, relevant record was also collected by PW 2 Iqbal Singh and PW2 Iqbal Singh arrested the accused respondent through arrest memo Ex/P7 and, thereafter, the investigation was handed over to PW3 Shambhu Singh. After usual investigation police submitted challan against the accused respondent in the Court of Magistrate, from where the case was committed to the Court of Special Judge, SC/ST Cases, Bikaner. On 28-2-1995, the learned Special Judge, SC/ST Cases, Bikaner framed charges for the offence under Section 447, IPC and under Sections 3(1)(x) and 3(1)(v) of the SC/ST Act against the accused respondent. The charges were read over and explained to the accused respondent. The accused respondent denied the charges and claimed trial. During the course of trial, the prosecution in support of its case examined four witnesses and got exhibited some documents. Thereafter, the statement of the accused respondent under Section 313, Cr. P.C. was recorded. The accused respondent has himself come in the witness box as DW 1. After conclusion of trial, the learned Special Judge, SC/ST Cases, Bikaner through his judgment and order dated 3-7-1996 acquitted the accused respondent of all the charges framed against him holding inter alia :- 1. That so far as the khatedari rights of the complainant PW 4 Taruram are concerned, from the evidence on record, it appears that he has khatedari rights over the land Murabba No. 92/45, Killa No. 20 and 21. 2. That from the evidence on record, it does not appear that from Samvat 2047 to 2050, the complainant PW 4 Taruram has cultivated the land in question.
(3.) That from the evidence on record, it has not been proved by the prosecution that after the allotment of disputed land Murabba No. 92/45, Killa Nos. 20 and 21 in 1981, when complainant PW 4 Taruram got the possession.;