CHHEDA ALIAS CHHEDDU Vs. STATE

JUDGEMENT

(1.) Heard Sri Rajendra Prasad, learned counsel for the appellants for quite some time and the learned A.G.A.

(2.) This criminal appeal has been filed against the judgment and order dated 22.2.1997 passed by Second/Special Additional District Judge, Hardoi convicting the appellants under Section 452, 323/34, 504, 506 IPC and 3(1) (10) of S.C./S.T. (Prevention of Atrocities) Act, 1989 in Special Criminal Case No.300/92 in Case Crime No.219/91 and sentencing them to under go two years' R.I. under Section 452, one year's R.I. under Section 323/34, , one year R.I. under Section 504, two years R.I. under Section 506 and under Section 3(1) (10) of S.C./S.T. (Prevention of Atrocities) Act, 1989 one year R.I. All sentences were directed to run concurrently.

(3.) The incident is alleged to have taken place on 29.11.1991 around 8' O clock in the morning when son of the accused Chheda and Vijai Pal son of complainant Rampati entered into verbal abuse. Son of Chheda complained to his father Chheda who in turn along with brother Ram Babu and Sri Ram attacked Vijay Pal, who ran into his house out of fear. It has been alleged that the accused belong to upper caste while the complainant belongs to the lower caste. It has come in the F.I.R. that the children were playing and during that play there was a scuffle amongst the children. It is stated that later on accused attacked Vijay Pal, who ran into the house. The accused went to the house and assaulted the child and when the child was being protected by the mother, the accused assaulted her also with lathis and fists.