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1953 Supreme(All) 17

CHATURVEDI, AGARWALA
STATE – Appellant
Versus
GULAB SINGH – Respondent


Advocates Appeared:
G.C.Ghildyal, J.R.BHATT

AGARWALA, J.


( 1 ) THESE are two cases, one is an appeal by the Government against the acquittal of the respondents who were prosecuted under Section 3 (iv), U. P. Removal of Social Disabilities Act, 1,947, and the other is a reference by the District Magistrate, Garhwal, for the enhancement of the sentence imposed on one Bhajan Singh under Section 3 (iv) of the said Act. Section 3 referred to above lays down :

"no person shall, notwithstanding anything contained in any instrument or any custom or usage to the contrary. . . . . . (iv) make a bride or bridegroom belonging to a scheduled caste, alight from a dola-palki at any public place, road or pathway or prevent such dola-palki from passing through any such place, road or pathway. . . . . . "

( 2 ) ONE Gopal Singh, a shilpkar, belonging to a scheduled caste, resident of village Rain, was to be married to Smt. Darshani, sister of Thep Lal, in village Gwar, Patti Chalansyun, in the garhwal district, on 7-5-1950. On 3-5-1950, Gopal Singhs brother, Bharosey Lal, who was a clerk in the P. W. D. office, in Pauri-Garhwal, made an application to the Pradhan of the Group panchayat of village Gwar requesting him to see that there should be n















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