SUBHASH TEWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been filed against the order dated 1/10/2007 passed by the Special Judge, SC/ ST Act , Mirzapur in Sessions Trial Number 71 of 2002 ( State vs Subhash Tewari and others ) arising out of crime No. 64-A of 2000, under sections 323 , 308 and 504 IPC and section 3 (1) (x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , PS Madihan, District Mirzapur, whereby the objections raised by the revisionist - accused were overruled and finding the evidence sufficient to frame charges, the charges under sections 323 , 308 and 504 IPC and section 3 (1) (x) SC/ ST Act were framed against the revisionist.

(2.) The ground set up by the revisionist is that the learned Court below has framed the charge under section 3 (1) (x) of SC/ ST Act merely on the presumption that the revisionist belonged to 'Kol' cast without there being any cogent evidence. The said order has been passed in a routine manner, mechanically without applying judicious mind on the basis of declaration of caste by tehsildar made on the basis of seeing residential activities/family status. Apart from it, it was also argued that the injuries contained in the injury memo would not constitute an offence under section 308 IPC as they were of simple nature.

(3.) Heard the arguments of the learned counsel for the revisionist Shri Prakash Dwivedi and the learned AGA at length and perused the record.