HANSAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Janardan Singh, learned counsel for the petitioner, learned counsel for opposite party no.2 as well as learned AGA for the State and perused the record.

(2.) Petition has been filed for quashing the impugned order dated 6.8.2008 passed by the learned Special Judge, SC/ST Act, Gonda in Session Trial No.54 of 2003; State vs. Ram Ratan and others arising out of Crime No.163 of 2000, under Sections 436, 504, 506 IPC and Section 3(2)IV Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act relating to Police Station Tarabganj, District Gonda.

(3.) It appears that a first information report was lodged by one Babu Lal against Ram Ratan, Hansraj, Pashupati Nath, Jitendra and Vinod Kumar, under Sections 436, 504, 506 IPC and Section 3(2)IV Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act with the allegations that in the night of 20.12.2000, father of the complainant was sleeping outside the house, on his cry complainant came out of the house and saw that his house has been put to fire from the southern side and accused were laughing and saying that they have put the house to fire and will also kill the complainant. On the basis of written report, FIR was registered at Case Crime No.163 of 2000, under Sections 436, 504, 506 IPC and Section 3(2)IV Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Ac. Investigation was handed over to C.O. Tarabganj. After investigation, charge-sheet was submitted against four persons excluding Hansraj. During pending trial, statement of P.W.1 Babu Lal, P.W.2 Chhabi Lal were recorded.