STATE OF U. P. Vs. BHANU PRATAP SINGH

JUDGEMENT

(1.) Heard Sri Arvind Kumar Singh, learned Additional Government Advocate for the State/appellant, Sri Akhilesh Pratap Singh, learned counsel for the respondents and have also perused the entire record.

(2.) By means of the present application under Sec. 378 (3) Cr.P.C., the State has sought leave to appeal to assail the judgment and order dtd. 3/4/2013 passed by the learned Special Judge SC/ST Act, Hardoi in Sessions Trial No.896 of 2008, arising out of Crime No.301/2003, whereby the learned trial court has acquitted the accused-respondents, namely, Bhanupratap Singh, Surender Singh and Naushad of the charges under Ss. 323/34, 325/34, 504 I.P.C. and 3(1)(10) SC/ST Act.

(3.) The prosecution case, in short conspectus, is that the first informant, Sureshchandra got a case registered at Police Station Bilgram, District Hardoi stating therein that on 15/6/2003 he was carrying some fodder on a tractor, which was driven by Rajeev Ranjan. When at about 12:00 P.M. they reached in front of police outpost, Bichramau, Hardoi the tractor was intercepted by constable Surender Singh and Naushad, respondent nos.2 and 3, respectively and they demanded Rs.200.00 as illegal rectification. When the first informant refused to give that money, he was draged in the police station and was assaulted by the police personnel by lathi and danda and Rs.4,000.00, which he was carrying with him was snatched away by the respondent no.1, Bhanu Pratap Singh. When objected by the first informant, he was abused by the respondents also.