KALLOO DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in this appeal is the judgment and order dated 12.1.20111 passed by the Special Judge (SC/ST Act)/F.T.C. Court No. 10, Sultanpur in Sessions Trial No. 47 of 2000 arising out of Case Crime No. 372 of 1999, Police Station Musafirkhana, District Sultanpur whereby appellants Kalloo Dubey and Raj Dev Mishra were convicted for the offence under Section 323/34 I.P.C. and were sentenced to undergo rigorous imprisonment for a period of six months and were further convicted for the offence under Section 3 (1)(x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and were sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs. 1,000/ - with default stipulation of one month additional imprisonment.

(2.) ACCORDING to the F.I.R., the case of the prosecution was that complainant Gaya Deen, who belongs to Scheduled Caste, was going on 28.9.1999 from his house to Mauja Ghusiyaria. He was going to start the tempo of Jai Prakash Dubey of his village. Prior to the instant incident, the appellants have beaten Jai Prakash with kicks and fists. When the complainant was going to start the tempo of Jai Prakash then Kalloo and Raj Dev met him and abused him with caste aspersions and asked him not to go to start the tempo of Jai Prakash, when the complainant declined to comply then they caused injuries to him with lathi and danda at about 7:00 p.m. On the alarm raised by the complainant, one Dolai and Parsarathi and other several persons rescued the complainant and accused persons ran away from there extending threats of dire consequences. After getting himself medically examined at P.H.C., Musafirkhana at 8:30 p.m., the complainant lodged the F.I.R. of this case on the same day at about 21:30 p.m. In the medical examination, following injuries were found on his person: -

(3.) EXCEPT injury no. 4, all the injuries were reported to be simple and fresh in nature and reported to have been caused by hard and blunt object.