RAMZAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned A.G.A. appearing for the State and perused the record.

(2.) This Criminal Appeal has been preferred by the appellant against the judgment and order dated 29.11.2011 passed by Additional District and Sessions Judge (S.C./S.T. Act), Court No. 10, Faizabad in Session Trial No. 32/2010 "State Vs. Ramjan", arising out of Case Crime No. 504/2009, Police Station Raunahi, District Faizabad, whereby the accused-appellant/Ramjan was convicted under Section 504 I.P.C. and 3(1)(10) of S.C./S.T. Act and sentenced for 06 months simple imprisonment for the offence under Section 504 I.P.C. along with fine stipulation and for 01 year under Section 3(1)(10) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989( Herein after called SC/ST Act) with fine stipulation.

(3.) Brief facts necessary for the disposal of this appeal are that, informant Phoolbaran, who at the relevant time was working as a Electricity Lineman at 33/11 K.V. Electricity Sub Station Sohawal, Faizabad, submitted an application addressed to the S.H.O, P.S. Raunahi, District Faizabad alleging therein that on 02.05.2009 a consumer namely Shri Guddu Dubey informed him from his Mobile Number 9936303646 that a neutral electric wire of his Village Sanaha has broken and requested him to repair the same. On the direction of his Junior Engineer Shri A.P. Mishra, he informed the Consumer to contact the Franchise Contractor Shri Ramzan. It is further alleged in the application that, he( Informant) along with private worker Shri Ashok Yadav went to village Erkuna, where he met with the aforesaid consumer Shri Guddu and he ( Shri Guddu) made a call to the above mentioned contractor Shri Ramzan and put his phone on hand free mode. In conversation accused, who was a contractor at that point of time abused him (informant) and also addressed him with insulting castiest remarks and asked above mentioned Shri Guddu to move complaints against the informant. It is further alleged that the contractor Ramzan also threatened informant to murder. It is stated that, an application on the same day was submitted by him to the S.P., Faizabad and now Ramzan is pressurizing him to make compromise in the matter.