- (1.) NOBODY appears on behalf of the appellants. At the request of the Court Mr. Tapas Roy argued on behalf of the appellants as amicus curiae.
(2.) THE appeal is directed against the order dated 11.4.2002 passed by Sri N. Mishra, 1st A.D.J. - cum -Special Judge, Godda in Special Case No. 1/99 which is arising out of Pathargam P.S. Case No. 0117 of 1998, corresponding to G.R. No, 719/9, by which judgment he found all the 11 appellants guilty under Section 3(1)(II) (XIV) of S.C. & S.T. (Prevention of Atrocities) Act, 1989 and convicted them thereunder and they have been sentenced to undergo Rigorous Imprisonment for one year each and to pay a fine of Rs. 1000/ - each and in default they shall have to undergo S.I. for six months each. The prosecution case was started on the basis of a written report given by the informant. Sardar Soren (PW 4) stating therein that in Mauza Mal Nistar Jamabandi No. 11 -A of Dag Nos. 19, 20, 22, 50, 277, 58, 39, 40, 37, 30, 6, 4, 5, 83, 76, 79, 246, 247, 252, 253, 261, 262, 284, 275, 93, 94. 109, 110, 123, 118, 116 was settled with his father and his brothers by the Government in Case No. 3090/1933 -34 they came in possession over the land and after him he continued in possession of the aforesaid land. His villagers -accused persons, namely, 1. Shankar Maharana. 2. Tulsi Maharana. 3. Basant Maharana. 4. Murli Maharana. 5. Ando Maharana. 6. Budhan Maharana. 7. Dinkar Maharana. 8. Sanjay Maharana. 9. Govind Maharana. 10. Doran Maharana. 11. Bibhisan Maharana all wanted to dispossess him from the lands belonging to him and his family members called by making propaganda that the informant is a Santhal and he is untouchable. They stated that whoever touched him will be ousted from the society. It is alleged that on 8.8.1998 (Saturday) at about 2.00 P.M. when the informant went for taking water from the pump of the village then accused, Shankar Maharana asked him not to touch the pump, but when he put his pitcher for filling the water then he was caught hold of by the accused person. Thereafter, all of them came and they broke his pitcher and said that he is a Santhal and untouchable and as such he cannot take water from the village pump. They also assaulted him and asked him to leave the village.
(3.) ON the basis of the said written report the police registered a case under Section 3(1)(II)(XIV) of S.C. & S.T. (Prevention of Atrocities) Act, 1989 and after investigation police submitted charge - sheet against all the accused persons.;