SHIVAM TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) As per report of CJM, Ambedkarnagar dated 04.03.2021, notice was duly served on respondent no.2 but no one has put in appearance on his behalf.

(2.) This criminal appeal has been filed by the appellant against the judgement and order dated 07.10.2020 passed by learned Special Judge, SC/ST Act, Ambedkarnagar in SC/ST Case No.107 of 2019, Crime No.0125 of 2019, under Sections 323, 504, 506 IPC & Section 3(1)(d)(dha) of SC/ST Act, P.S.- Malipur, District- Ambedkarnagar.

(3.) The brief fact of the case is that according to the prosecution story, the complainant namely Udayraj lodged the F.I.R. on 11.06.2019 with allegation that the son of the complainant, Amarjeet who is handicapped was going to Malipur for repairing his bicycle. When he reached near Budhawa Baba temple, then one Shivam Tiwari, S/o Jagdish Tiwari started casting abusive words and when the son of the complainant objected, then the accused-appellant inflicted injury to him. The F.I.R. was lodged against the accused-appellant under Sections 323, 504, 506 IPC. During investigation, the son of the complainant, Amarjeet was examined medically on 13.06.2019 and following injury was found on the body of the injured: