RISHI KUMAR UIKEY Vs. SAMBHU SINGH

JUDGEMENT

(1.) This revision is filed under Section 397/ 401 of Code of Criminal Procedure, 1973 against the judgment dated 29.09.2006 passed by Special Judge (Scheduled Caste and Scheduled Tribe) Prevention of Atrocities Act, Raipur in Special Case No. 190/2002; whereby the accused/respondents are acquitted by the Court below of the charges under Sections 294, 323, 506 IPC and 3(i)(x) of Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act.

(2.) As per prosecution case, complainant Rishi Kumar Uikey (PW-1) was the Secretary of Railway Vendor Association and the respondent No. 2 was the organizer and owner of Railway Canteen, Raipur. On 25.04.2002, one office bearer of vendor association informed the complainant that respondent no. 1 abused Lokesh Kawadiya and spoke ill of his association also. On this, the complainant inquired from respondent No.1 as to why he was abusing Lokesh Kawardiya and making false allegation against him. On this, the respondent No. 1/Sambhu Singh abused him also. Thereafter the complainant made a written complaint vide Ex.P-1 in GRP Thana, Raipur. Then the respondent No. 1 tendered apology for his act vide Ex.P-2 and the matter was compromised between them. Again, on the same date, at about 9. 00AM, both the respondents stopped him at plate-form No. 2 and abused the complainant in the name of his caste, slapped him on face and also threatened to kill him. Ultimately, the complainant made the report before Special Cell, Raipur and when the action was not taken by the Special Cell, Raipur, then the complainant made written complaint on 28.04.2002 before the Home Minister, State of Chhattisgarh and on the basis of said complaint, FIR Ex.P-13 was registered by Special Cell, Raipur only against the respondent No.1 under Sections 294, 323, 506 IPC and 3(i)(x) of Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act. It is on filing of application under Section 319 Cr.P.C. by the complainant, respondent No. 2 was made accused.

(3.) After registration of the case under the Special Act, the trial Court committed the case to the Special Court, Raipur wherein the Special Judge after recording the statement of witnesses has acquitted the respondents of above mentioned charges. Hence, this revision.