AJAY THAKUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amit Tripathi and Sri Rajiv Kumar Singh Parmar, for the accused-appellants, Sri Nafees Ahmad, A.G.A., for State of U.P.

(2.) Ajay Thakur and Babloo Gupta have filed aforementioned appeals from the judgment of Special Judge (S.C. and S.T. P.A. Act), Farrukhabad, dated 19.07.2011/20.07.2011, passed in S.T. No. 4 of 2006, State v. Babloo Gupta and another, [arising out of Case Crime No. 1672 of 2005, under Section 307 of Indian Penal Code, 1860 (hereinafter referred to as the IPC) and Section 3 (2) (5) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989], Police Station Kotwali Farrukhabad, district Farrukhabad, convicting the accused-appellants, under Section 307 IPC and sentencing for ten years' rigorous imprisonment with fine of Rs. 2000/- each and under Section 3 (2) (5) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 and sentencing for imprisonment for life with fine of Rs. 5000/- each with default stipulation.

(3.) On the written complaint (Ex-Ka-1) of Durgendra Singh (PW-2), FIR (Ex-Ka-5) of Case Crime No. 1672 of 2005 was registered under Section 307 IPC and Section 3 (2) (5) of S.C. and S.T. P.A. Act at P.S. Kotwali Farrukhabad, district Farrukhabad on 25.09.2005 at 23:00 hours, by Constable Clerk Kunwar Pal Singh, against Babloo Gupta and Ajay Thakur. It has been stated in the FIR that Moti Lal Jatav, father of the informant had gone on 25.09.2005 at about 6:00-7:00 PM, informing that he was going to the house of Deepu Katiyar, for some work. When he did not return up to 9:00 PM, then the informant and his younger brother Yogendra Singh went to see him. The father of the informant was coming back from the house of Deepu Katiyar. In the way, in backside of the house of Anokhe Lal, Babloo Gupta son of Jagdish and Ajay Thakur son of Veerpal, residents Barhpur stopped him and demanded Rs. 5000/-. The father of the informant told them that he had no money at that time. Then they began to abuse him in the name of caste and told that he was running two taxis and had no money. They forcibly took his father near railway line and fired upon him from the pistols in their hand. Then he and his brother ran towards them, shouting and flashing the torch. Thereafter both of them fled away. On their hue and cry, various persons of nearby locality came on the spot. The informant and his brother Yogendra Singh and other persons saw the incident and fully recognized the accused in the light of torch. The incident has occurred at 9:30 PM. When they reached near his father then found him, lying in injured condition. They have brought him to the police station. After lodging the report, legal action be taken against them.