ATUL TIWARI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Shri Vivek Shandilya, Senior Advocate assisted by Shri Manish Pandey on behalf of the appellants, learned A.G.A. for the State and Shri Laxmi Narayan Rathour, learned counsel for Opposite Party No.2 as well as perused the record.

(2.) This criminal appeal has been filed by the appellants challenging the order dated 30.03.2019 passed by IInd Additional District and Sessions Judge/Special Judge (SC/ ST) Act , Jalaun at Orai in Sessions Trial No.134 of 2017, (State Vs. Manoj Dubey) arising out of Case Crime No.825 of 2016, under Sections 323 , 504 , 506 I.P.C. and Sections 3(1)(Da) and 3(1)(Dha) of SC/ ST Act , P.S. Jalaun, District- Jalaun, by which the appellants have been summoned to face trial.

(3.) Learned counsel for the appellants has submitted that the appellants were named in the FIR and specific role of assault and abusing the first informant Smt. Roopa Devi with the name of her caste with an intention to humiliate and intimidate her in public view has been alleged. On account of assault made by the appellants, Dinesh Kumar, Sanjeev Kumar and Roopa Devi have suffered injuries on their persons and have been medically examined. The statements of injured victims were recorded during the course of investigation who reiterated the prosecution story. However, the Police after investigation, submitted the charge-sheet only against the co-accused Manoj Dubey and the other appellants were exonerated by the Investigating Officer. On the basis of the charge-sheet submitted against the co-accused Manoj Dubey, the trial proceeded. The statements of victims Roopa Devi and Dinesh Kumar have been recorded as P.W.-1 and P.W.-2 respectively, in which, they have categorically stated that on 14th November, 2016 at about 10:00 AM, while P.W.-1 Roopa Devi was irrigating her field, the appellants Atul Kumar, Manoj Dubey, Ramakant and Santosh Dikshit entered in her field and insisted that they will irrigate their field first only then she may irrigate her field. On being asked to refrain from doing illegal acts, the appellants abused the victim with the name of her caste with an intention to humiliate and intimidate her in public view and further appellants assaulted her by lathi, danda, kicks and fists and tried to outrage her modesty and on alarm being raised by her, her husband Dinesh Kumar, Jeth Sanjeev Kumar, brother-in-law Sunil Kumar and mother-in-law Smt. Rajshree rushed to rescue her, then they were also assaulted who suffered injuries on their person. The appellants left the place of incident threatening her not to lodge any FIR. In the said incident, victim Roopa Devi, her husband and Jeth namely; Dinesh Kumar and Sanjeev Kumar have suffered injuries and have been medically examined.