RAM MURTI BIND Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against order dated 9.2.2010 passed by Additional Sessions Judge, FTC no. 1, Jaunpur in Special Trial no. 71 of 2009 (State Vs. Ram Murti Bind and others) relating to case crime no. 528 of 2008 P.S. Mugara Badshahpur, Jaunpur. By this order, trial court had rejected the request of discharge of accused/revisionist and directed that they may be charged for offence under Sec. 323, 394,452,427,504,506 Penal Code and Sec. 3(1)(x) SC/ST Act.

(2.) In said trial the prosecution case in brief is that accused persons had caused damage to the under construction house of the complainant belonging to scheduled caste community and used foul words relating to his caste, beaten him and threatened him.

(3.) At the time of hearing on the point of charge, the trial Court had considered the case diary and found that through investigation, there was evidence that complainant had supported the incident and there is evidence that in presence of independent witnesses, accused/revisionist had used foul words relating to caste of complainant and caused damages to building material and tanker and took away the bags of cement. The trial court had opined that this incident was committed in public view where words relating to caste were pronounced and complainant was humiliated. Therefore, accused persons should be charged for offence under Sec. 323, 394,452,427,504,506 Penal Code and Sec. 3(1)X SC/ST Act. This order of framing of charge has been challenged through present revision.