KARAM VEER SINGH Vs. STATE

JUDGEMENT

(1.) THE present revision is being preferred to challenge the impugned order of charge dated 9th January, 2012 and 25th January, 2012 passed by the learned Addl. Sessions Judge ordering framing of charges under Sections 147/148/149/308/323/325/452/427 IPC against all the petitioners and separately charging petitioner No. 1 and 2 under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989(in short the SC/ST Act).

(2.) THE brief facts that led to the present petition are that an FIR No. 178/2009 was registered on 7th July, 2009 alleging that on 6th July, 2009 at about 10 p.m at house No. 691, Bhola Nagar all the petitioners in furtherance of common object formed an unlawful assembly and entered Complainant Anil Kumar's house and gave beatings to him and his other relations namely Kishan Pal, Monu, Roop Chand, Aakash, Vinod Kumar and Arun with dandas, wooden sticks and rods also broke the household goods and damaged the windscreen of the cars of the Complainant. In the supplementary statements under Section 161 Cr.P.C. given by the brothers and father of the Complainant and the Complainant himself from 7 th July, 2009 to 24th July, 2009 it was further alleged that derogatory remarks pertaining to their castes were made by petitioner No. 1 and 2. On the basis of these supplementary statements petitioner No. 1 and 2 were charged additionally under Section 3(i)(x) of the SC/ST Act by the learned Addl. Sessions Judge.

(3.) I have heard the rival submission and perused the record.