BALKESHWAR MAURYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Government Counsel.

(2.) The petitioner is challenging the impugned F.I.R. dated 4-7-2002. Annexure 4 to the writ petition under Sections 147/148/323/504/506/308, I.P.C. and 3(1)(X) SC/ ST Act of P. S. Phulpur, District Allahabad.

(3.) A perusal of the impugned F.I.R. shows that the allegations therein are that at about 4 a.m. on 11-5-2002 the first information who is 'pasi' by caste was sleeping outside his house when the petitioners who are mostly Brahmans by caste came there and woke up the first informant and took him away and on the way started beating him with lathis and abusing him. The first informant became unconscious and fell down due to these beatings. The petitioners abused the first informant saying that he was 'pasi' by caste and yet he is not doing 'Begari' for the petitioners. Due to this beating the right hand of the first informant is still not functioning. The first informant tried to lodge F.I.R. at the police station but the police did not lodge it for a long time.