RATNAKER BHENGRA,J. - (1.) Appellant has preferred the instant memo of appeal against the judgment of conviction dated 28.8.10 and the order of sentence dated 28.8.10 passed by Sri Md. Mustaque Ahmad, learned Sessions Judge, Jamtara in Special Case No. 9/09 whereby and whereunder the appellant has been convicted under Section 3(i) (x) of SC and ST Act and Section 504 of IPC and she has been sentenced SI for 4 months under Section 504 of IPC and further SI for 6 months under Section 3 (i) (x) of SC and ST Act and all sentences are to run concurrently.
(2.) PW-7, Amita Tudu, is the informant and as per her written report, she is the President of Village Education Committee, Middle School, Kora Para and a social worker. On 18.12.2007, as per the letter No. 1170 dated 12.12.2007 of the District Superintendent of Education, Jamtara, for the training for 2008- 2009 Budget Meeting, the Secretary had made preparation for meals with her assistance for the trainees. Around 1.30 p.m., when she was about to give the meal packet to Kunti Kumari, then Kunti Kumari snatched the meal packet from her hands and abused her with respect to her community and said that the informant belongs to low caste, who eats the meat of pig and cow. From your hands, even a dog will not eat, how did you dare to give the packet, and calling her by her tribe name, namely, Santhal, went out of the school premises. In this way, she was abused and insulted by the teacher in the presence of many teachers and trainees by which she was mentally much harassed.
(3.) On the basis of the written report the FIR was registered as SC / ST Jamtara P.S. Case No. 05/07, under Section 504 IPC and 3(x) of SC and ST (Prevention of Atrocities) Act, 1989. After investigation charge sheet was submitted against the accused under the aforesaid Sections. Cognizance was taken and charges were framed under Section 504 IPC and Section 3(i) (x) of SC and ST (Prevention of Atrocities) Act, to which, she pleaded innocence. Accordingly, trial was conducted, witnesses examined and at the conclusion of which the learned Sessions Judge-cum-Special Judge, Jamtara convicted and sentenced the appellant SI for 4 months under Section 504 IPC and further SI for 6 months under Section 3 (i) (x) of SC and ST (Prevention of Atrocities)Act. Hence, this appeal.;