STATE OF U.P. Vs. PREMRAJ KANNAUJIYA

JUDGEMENT

(1.) The State has filed this appeal under Sec. 378 (3) Crimial P.C. along with an application seeking leave to appeal against the judgment and order dated 30.1.2017, passed by Special Judge, SC/ST Act, Bareilly in S.S.T. No. 303/13, State Vs. Premraj Kannaujiya and another arising out of Case Crime No. 787A/12, Police Station-Cantt, District-Bareilly, whereby the learned trial court has acquitted the accused-respondents from the charges under Sections 406, 504 and 506 I.P.C.

(2.) Heard learned counsel for the appellant. Perused the records.

(3.) Some relevant facts in brief are that the first informant Shanker Lal who was a fourth class employee at District Hospital, Bareilly and a member of scheduled caste, retired from his post on 31.7.2010. At the time of retirement, he received a large amount of money as provident fund and gratuity etc. On 28.11.2010, the accused respondents came to his house and asked him to lend them Rs. 6 lakhs for buying a tractor with promise that they will return the money within four-five months. The first informant, believing on their words, gave them Rs. 6 lakhs in two installments each of Rs.3,00,000.00 drawing the aforesaid amount from his bank account of S.B.I. However, after expiry of five months, when he asked for his money, the accused Premraj returned only 90,000.00 on 15.1.2011 and Rs. 10,000.00 on 17.1.2011 and promised to return back the remaining amount after two or three months. But, on 15.4.2012, when the first informant reached his house and claimed his money, accused-respondents denied the same and used abusive language indicating his caste. They also threatened him with dire consequences.