GAURAV AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this Revision preferred under Section 397/401 of the Code of criminal Procedure (in short, "the Cr. P. C")is to the order dated 16-5-2009 passed by addl. Sessions Judge, Fast Track Court No. 2, Mathura in Sessions Trial No. 245 of 2009 (State v. Devi Das and another) under sections 323, 504, 506 Indian Penal Code (in g short, "the I. P. C. ") and section 3 (1 ) (X), Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (In short, the sc/st Act,), P. S. Highway, District Mathura.

(2.) BY the impugned order, the court below has declined to discharge the applicant and co-accused Devi Das in case crime No. 745 of 2007 of P. S. Highway (Mathura) for the offences mentioned herein-above and their discharge application has been rejected. The court below has also opined that there is sufficient ground to charge the accused persons under sections 323, 504, 506 ipc and 3 (1) (X ). SC/st Act.

(3.) SHORN of unnecessary details, the facts leading to the filing of this Revision, in brief, are that on the basis of order passed by the magistrate concerned on the application under section 156 (3) Cr. P. C. moved by the complainant Giriraj Singh s/o Jhamman Lal (opposite party No. 2 herein), an FIR was lodged on 16-12-2007 at P. S. Highway (Mathura), where a case under sections 323, 504, 506 ipc and section 3 (1) (X) SC/st Act was registered at crime No. 745 of2007 against Devi das and ten other unknown persons. Annexure -I is the copy of that FIR. It is alleged in the said FIR that the complainant Giriraj is a member of Scheduled Caste (Jatav ). He had one- fourth share in Khata No. 21, khasra No. 221, area 1. 243 hectare and khasra No. 232, area 2. 675 hectare situated in Palikhera, Tehsil and District mathura. Smt. Angoori Devi is the widow of ganga Ram, who was younger brother of complainant. She also had one-fourth share in that land. It is alleged that Devi Das resident of Dampier Nagar after occupying the land of Angoori Devi raised pakki boundary wall. It is further averred in the FIR that on 15-7-2007, the complainant Giriraj Singh and Smt. Angoori Devi with some other persons went to Nursing Park to have talks with devi Das about giving back the land of angoori Devi, which he has illegally occupied. It is said that when the complainant asked Devi Das to leave the land or pay the cost as per market rate, he became annoyed and on his exhortation, his companions hurling abuses began to cause marpeet with the complainant and humiliated him publicly saying "dhed chamar" and also gave threatening to kill. This incident is said to have been witnessed by Dhruv Kumar sharma, Murari Lal Tomar, Rajesh Kumar verma and Brij Kishore etc. , who saved the complainant from accused persons. It is also alleged in the FIR that after the said incident, the complainant went to police station to lodge the FIR, but in vain and there-after, he gave an application to S. S. P. , mathura, but even then no action was taken.