SHANKER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) . This writ petition has been filed against the impugned F.I.R. dated 4-1-2001 in case crime No. 4 of 2001 under Section 147/323/504/506 IPC read with Section 3 (1) 10 S.C./S.T. Act police station Dhanghata, district Sant Kabir Nagar, copy of which is Annexure 2 to the writ petition.

(2.) The aforesaid F.I.R. reads as follows:

(3.) A perusal of the above F.I.R. shows that the allegations therein are that certain persons belonging to the Yadav and Brahmin community came to the house of the respondent No. 3 Shobha Devi who is a Harijan by caste at about 6 p.m. on 20-12-2000. It appears that there was previous enmity between the parties because of Panchayat election in which first informant Smt. Shobha Devi had defeated thecandidate set up by the previous Pradhan Ashish Yadav. In this connection the accused Rajesh, Dinesh Pandey had previously beaten up Shobha Devi's son Chandra Mani regarding which a criminal case had also been registered. On 20-12-2000 at about 6 p.m. the accused came to the house of Smt. Shobha Devi and gave filthy abuses calling her 'sali chamaran' and asked her to call her sons Indramani and Chandramani. When Smt. Shobha Devi said that her sons were not there and they should stop giving abuses, some of the accused beat Smt. Shobha Devi, the first informant, with lathis and kicks and fist blows. Some of the accused entered the house and took away the box containing Rs. 15000.00 and some silver and gold jewelry. Some of the accused snatched the year-ring, chhalla (ring) etc. of Smt. Shobha Devi. Some of the accused called Smt. Shobha Devi 'chamar' and said that she should be killed and gave filthy abuses. This incident was witnessed by Shobha Devi's daughter and daughter-in-law who had shut the door due to fear. Some unknown persons belonging to the group of the accused were also standing with firearms at Shobha Devi's door. Even after the aforesaid incident the accused had been harassing Shobha Devi and her children.