JUDGMENT Rajesh Kumar, J. - Heard learned counsel for the appellant and learned counsel for the State. 2. This appeal is directed against the judgment of conviction and order of sentence dated 27.02.2006 passed by Arun Kumar, Special Judge-cum-1st Addl. Sessions Judge, Jamtara in Special Case No. 15 of 2002 whereby and whereunder this appellant has been convicted for the offence under Section 3 (x) of the SC/ST Prevention of Atrocities Act and has been sentenced to undergo R.I. for two years and to pay a fine of Rs. 10,000/- payable to the informant and in default thereof further R.I. for six months. 3. Jamtara P. S. Case No. 228 of 2000 has been registered on the basis of fardbeyan of the informant-victim-P.W. 3-Budhan Turi. It has been alleged by the informant in the FIR that on 21.12.2000 at 7.30 AM when he was returning from his duty after performing his night duty, the appellant and two to three other persons met him near the market of Kalajharia village and abused him by using ''sala dom''. As the accused are criminal by nature, he silently returned to his village. Subsequently, the present complaint has been lodged. 4. On the basis of statement of the informant, Jamtara P. S. Case No. 228 of 2000 was registered under Section 3 (x) of the SC/ST Prevention of Atrocities Act. On completion of investigation, charge sheet was submitted against the accused person and after cognizance was taken, the case was committed to the Court of Sessions. Charges were framed under Section 3 (x) of the SC/ST Prevention of Atrocities Act against the appellant, to which he pleaded not guilty and claimed to be tried. Trial has been conducted and he has been convicted for the offence under Section 3 (x) of the SC/ST Prevention of Atrocities Act. 5. On conclusion of the prosecution case, statement of the accused person under Section 313 of the Cr. P. C. was recorded, in which he pleaded not guilty. 6. Being aggrieved, the present appeal has been filed. 7. To substantiate the charges, altogether three witnesses have been examined by the prosecution. P. W. 1- Gopal Sahu is an independent witness, but has turned hostile. P. W. 2-M. P. Lakra is the Investigating Officer, who has supported the incident and has testified that informant/victim has deposed before him that the appellant has used the word ''sala dom''. 7. To substantiate the charges, altogether three witnesses have been examined by the prosecution. P. W. 1- Gopal Sahu is an independent witness, but has turned hostile. P. W. 2-M. P. Lakra is the Investigating Officer, who has supported the incident and has testified that informant/victim has deposed before him that the appellant has used the word ''sala dom''. P. W. 3, Budhan Turi is the victim/informant has supported the FIR. 8. In defence, appellant has examined three defence witnesses. D. W. 1- Abul Hassan, who has deposed that he was one, who was present with appellant when some complain was lodged against Officer In-charge. D. Ws. 2 and 3 have deposed on the same line. Thus, the defence has been taken that since the appellant has made a complaint against the Officer In-charge of Jamtara Police Station, the appellant has been falsely implicated in this case. However, it has not been proved that informant is the member of the Schedule Caste. 9. Learned APP has submitted that victim himself has stated that abusive word has been used by the accused. Investigating Officer has also deposed on the same line and as such, conviction of the appellant under Section 3 (x) of the SC/ST Prevention of Atrocities Act is justified. 10. Heard learned counsel for the parties. It appears that the incident has been evidenced by P. W. 3, but there is no corroboration. Investigating Officer has deposed that P. W. 1- Gopal Sahu, who was present at the place of occurrence, has supported the incident, but he has become hostile. Thus, there is no independent witness to the incident. Much stress has been given that the appellant is criminal by nature. 11. Considering the entire materials available on record, this Court finds that prosecution has failed to prove the charge under Section 3 (x) of the SC/ST Prevention of Atrocities Act. Accordingly judgment of conviction and order of sentence dated 27.02.2006 passed by Arun Kumar, Special Judge-cum-1st Addl. Sessions Judge, Jamtara in Special Case No. 15 of 2002 is, hereby, set aside and as such, the appeal stands allowed. 12. Since the appellant is already on bail, he is discharged from the liability of his bail bond.