Constitution of India, 1950: Articles 15, 17, 23 and 29-Untouchability Eradication of Sociological and constitutional angulations- Considered.
Protection of Civil Rights Act, 1955: Sections 4 and 7-Untouchability- Practice of Members of Harijan Community restrained by show of force from drawing water from newly dug well-Trial Court and appellate court holding charge against accused proved beyond reasonable doubt-In revisional jurisdiction High Court reappreciating evidence and reversing con- viction and sentence of accused-Validity of Scope of legitation-Explained Court to interpret provisions keeping in view constitutional goals and purpose of Act.
The first respondent and four others were tried for the offences under Sections 4 and 7 of the Protection of Civil Rights Act, 1955. The trial court convicted all of them under Section 4 of the Act and sentenced them to undergo simple imprisonment for one month and a fine of Rs.100 each, and in default to suffer simple imprisonment for further five days. The first respondent was further convicted under Section 7 of the Act but no separate sentence was awarded. On appeal, the Additional Sessions Judge, upheld the conviction and sentence of the first respondent and two others, but allowed the appeal of the other two convicts and acquitted them. A Single Judge of the High Court allowed the criminal revision petition filed by the first respondent and two others. Hence, the appeal by special leave by the State. During the pendency of the appeal, the first respondent died and the appeal against him thus abated.