Insult or attempt to insult a member of the Scheduled Caste is not an offence under Section 7(1)(d) of the Protection of Civil Rights Act, 1955 unless it is on the ground of "Untouchability" and referrable to the preaching and practice of untouchability.

JUDGMENT - M.P. KANADE, J.:---This revision Application is directed against the judgment and order passed by the learned Sessions Judge, Sangli, dated January 11, 1980 confirming the order of conviction and sentence passed by the learned Judicial Magistrate. First Class, Miraj dated July 27, 1979 convicting the accused-petitioner herein under section 7(1) of the Protection of Civil Rights Act, 1955 (hereinafter referred to as the Act".)

2. Few relevant and material facts which give rise to this revision application are as under:---

The complaint---Sitaram Yeshwant Chandanshive (P.W. 1), who is a member of the Scheduled Caste, hails from Kumbhari in Jat taluka of Sangli district was employed as Nakedar in the Agricultural Department of Government of Maharashtra, and he at the material time was posted at the village Daphalapur in Jat taluka of Sangli district. The petitioner accused was also employed in the Agricultural Department as an Agricultural Assistant. He was also posted as Jat-a taluka place in Sangli district. It is the prosecution case that Chandanshive was on long leave with effect from November 5, 1978 to December 14, 1978. On December 15, 1978, after enjoying the said leave and in order to give joining report, the complainant went to Daphalapur. At Dahalapur first he went to the house of Maruti Shankar Kambale, who was also employed in the Agricultural Department at Daphalapur as Nakedar. The said Kambale, however, was not at this house but was at the house of the accused. It appears that the accused is also the resident of the said village Daphalapur and he happened to be in the village at that time. On reaching the house of the accused, the complainant---Chandanshive found that the said Kambale was sitting with the accused. According to the complainant, immediately after seeing the complainant, the accused alleged, to have explained :

"Come on Maharasheb. Have you finished the leave? Are you joining ? Rs. 900/- have been spent and so now you remember about your service. God have given bread to your Mahar caste and you do not deserve it. Your caste is such."

That time, the complainant, the said Kamble (P.W. 12) who also belonged to the Scheduled Caste felt insulted and they walked out of the house of the accused.

3. On December 19, 1978, the complainant sent his complaint-application by a registered post to the Police Sub-Inspector, Jat Police Station. The said complaint is at Exhibit 16 on record and the same is treated as the First Information Report. The Police Station Jat received the said complaint on December 21, 1978, registered an offence under section 7(1)(d) of the Act and immediately started investigation. They recorded the statements of the witnesses and also the supplementary statement of the complainant on December 21, 1978. After completion of the investigation, a charge-sheet was filed against the accused. The accused pleaded not guilty to the charge. It is contended by the accused that a false case has been made out against him. It is contended that he had not uttered the words as stated by the complainant in his complaint. That on the report of the accused, the complainant was transferred from Mirwad to Mhaishal a place in Miraj taluka and, therefore, a false case has been fabricated by the complainant against him. According to the accused, the complainant did not like the transfer and, therefore, after deliberation he filed a false complaint. The defence of the accused is of total denial.

4. The learned Magistrate recorded the evidence of the complainant (P.W. 1), Maruti Shankar Kambale (P.W. 2) as eye-witnesses and one more witness has been produced by the prosecution as P.W. 3, who was at the material time Sarpanch of the village Kumbhari viz. Babasaheb Santu Khot. The accused has not led oral evidence in his defence, however, he filed his written statement and certain documents were produced by the accused along with his written statement. After due consideration of the evidence on record, the

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