ELAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision against an order of acquittal in S.T. No. 694 of 1995, State of U.P. v. Subey Singh and 4 others, under Sections 147, 323, 149 and 308/149, I.P.C. read with Section 3 (i)(x) of SC/ST Act dated 22 - 5 -2007 passed by Special Judge SC/ST Act, Meerut.

(2.) THE prosecution version was that the informant is a member of schedule caste community. On 25 -10 -1992, around 10.30 O'clock in the night, when he and his two sons Padam Singh P.W. 1 and Elam Singh P.W. 2 were watering their field in village Maithana within jurisdiction of Police Station Inchauli, in presence of one Luxmi, 10 -12 persons carrying Pharsa, Balkati, Ballam, Lathi and country made pistol, descended and nearby tube - well, opened assault on the informant and his two sons, causing various injuries on their persons and also robbed the informant of rupees two hundred. In the course of struggle, the clothes with which they had covered their faces, fell apart, and five of them were identified as Mahipal, Chandra Pal, Subey, Roop Singh and Devendra. On a hue and cry, being raised by the informant and his sons Om Prakash, Rajendra, and Veer Singh arrived at the scene.

(3.) THE Trial Sessions Judge did not find the evidence dependable and consequently acquitted the accused. That is why this revision.