LAWS(ALL)-2017-8-466

HAIDER ALI Vs. STATE OF U P

Decided On August 30, 2017
HAIDER ALI Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment and order dated 17.11.2000 passed by Special Judge S.C./S.T. Act, Barabanki, in S.T. No.25 of 1997, arising out of Case Crime No.84 of 1994, whereby and whereunder the appellant/accused (Haider Ali) was found guilty and sentenced to undergo rigorous imprisonment for a period of six months, under Section 323, with fine of Rs.500/- in case of default of payment of fine one month additional rigorous imprisonment, one year rigorous imprisonment, under section 504, with fine of Rs.500/- in case of default of payment of fine one month additional rigorous imprisonment, one year rigorous imprisonment under Section 506, with fine of Rs.500/- in case of default of payment of fine one month additional rigorous imprisonment and the appellant was also convicted under Section 3 (1)(x) SC/ST Act and was punished with rigorous imprisonment for one year and fine of Rs.500/- in case of default of payment of fine one month additional rigorous imprisonment.

(2.) The brief facts giving rise to the present criminal appeal is that on 17.07.1994 at about 6 P.M, Keshaw Ram son of the complainant Likhiram was in his field with Buffalos and then the Buffalo entered into the field of appellant/accused Haider Ali and he tried to take the Buffalo out of the field, the accused/appellant came there and started to beat with stick, legs and fists. On making loud, Rajender Prasad, Ram Manohar and Visharm came there to rescue. The accused/appellant made abusive languages and threatened the face dire consequences. He also used castigating languages. The matter was reported to the police station and the First Information Report was lodged and after investigation, a chargesheet was submitted against the appellant. Charges were levelled against the appellant for which he pleaded not guilty and claimed for trial.

(3.) In order to prove the prosecution case, PW-1 Likhiram and PW- 2 Keshaw Ram were examined.