ANIRUDDH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been filed by the appellants namely, Aniruddh Singh and Ram Darash Yadav against the judgment and order dtd. 21/11/2020 passed by Special Judge, SC/ST Act, Sant Kabir Nagar in Complaint Case No. 39 of 2020, Om Prakash Vs. Ram Kishun and others, whereby the appellants have been summoned under sec. 323 I.P.C. and 3(1) (r) and 3(1) (s) SC/ST Act, 1989 police station Khalilabad District Sant Kabir Nagar and the other co-accused have also been summoned to face trial under Sec. 323, 452, 504, 506 I.P.C. and 3 (1) (r) and 3(1) (s) SC/ST Act, 1989.

(2.) The facts giving rise to the dispute are that the opp. party no. 2 Om Prakash filed a complaint no. 39 of 2020 against the present appellants and five others with the contention that on 18/6/2020 at 7.00 in the morning the opp. party Ram Kishun, Rakesh, Umesh and Rishikesh @ Chhotu due to enmity started hurling abuses at the door steps of the complainant. When the complainant asked them not to do so, then Ram Kishun being provoked exhorted his sons Rakesh, Umesh, Rishikesh @ Chhotu and his brother-in-law Ram Ganesh to commit murder of the complainant. At this, all these persons with intention of causing his death chased the complainant. When he ran into his house, all these persons entering into his house beat him with kicks, fists, shoes and danda. At his hue and cry his wife and mother came to rescue him. Ram Kishun pushed his mother consequently, she sustained grievous injuries in her hand. These persons assaulted his wife as well. At their alarm, the villagers came and rescued them. All these persons, while, going back damaged the gas stove of the complainant and gave threats of the dire consequences. When the complainant reached the police chauki, he saw that all these persons were already sitting there and sighting the complainant they started hurling foul language. Constable Ram Darash Yadav and chauki Incharge Aniruddh Singh hurled caste based abuses and beat him with kicks and blows. They were made to sit at the police chauki for two days and were threatened to be implicated in false cases. On the request of complainant, he was released after obtaining his signatures on the blank papers. Due to fear he could not inform about the incident to anyone. The opp. parties are influential persons so the police party do not want to take action against them. He informed the Superintendent of Police, Sant Kabir Nagar through the registered post but no step has been taken.

(3.) The present complaint was registered. After recording the statements of the complainant Om Prakash and two witnesses Lal Chandra son of Sant Ram and Amrit Chandra son of Jagdish summoning the report from the police station concerned, the learned lower court passed the impugned order dtd. 21/11/2020 summoning these two appellants to face trial under sec. 323 I.P.C. and sec. 3(1) (r) and 3(1) (s) SC/ST Act, 1989 though the other co-accused were summoned under Sec. 323, 452, 504, 506 I.P.C. and 3 (1) (r) and 3(1) (s) SC/ST Act, 1989.