STATE OF UTTAR PRADESH Vs. DURGESH RAJBHAR

JUDGEMENT

(1.) This application has been preferred under Section 378 (3) of Cr PC for grant of leave to the State Government to file an appeal, assailing the impugned judgement dated 2.3.2019 passed by the learned Additional Sessions Judge (Second), Ambedkar Nagar in Sessions Trial No.81 of 2014, acquitting the accused-respondents of the offence under Sections 323, 504, 506, 336 of IPC read with Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) Brief facts of the instant case are that on 26.3.2012, NCR/FIR Ex.Ka.1 was lodged by complainant Omkar, alleging in it that he belongs to Scheduled Caste and on 8.3.2012 when his son Kulbhushan was returning to his house, he was apprehended by the accused persons and after abusing in the name of his caste he was beaten. It is alleged that his nephew Alok Kumar intervened in the matter and then, the accused persons after assaulting him and his son, fled away from the spot. Based on this FIR, offence under Sections 323, 504, 506, 336 of IPC read with Section 3 (1) (x) of SC/ST Act was registered against the accused persons and they were tried for the said offence.

(3.) So as to hold accused persons guilty, prosecution has examined seven witnesses, statements of the accused persons were recorded under Section 313 of Cr PC in which, they pleaded their innocence and false implication.