STATE OF U. P. Vs. UDAI RAM

JUDGEMENT

(1.) This appeal under Section 378(3) Cr.P.C. has been proposed by State of U.P. against Udai Ram, Luxman, Sheeshpal and Nand Kishore with a prayer for leave to appeal against judgment of acquittal, passed by Court of Special Session Judge, District J.P. Nagar in Sessions Trial No. 448 of 2008 (State Vs. Udai Ram and others), arising out of Case Crime No. 1177 of 2008, under Sections 323/34, 324, 452, 504 I.P.C. and 3(1)(X) SC/ST Act.

(2.) Learned A.G.A. argued that trial Court failed to appreciate facts and law placed before it. PW-1 informant / injured and PW-2 have proved case of prosecution and it was corroborated by testimony of PW-4 Dr. Samar Alam. There had been no contradiction or exaggeration in statement of PW-1 Satyapal, PW-2 Lal Singh, PW-3 Chandrapal and these testimonies were corroborated by formal witness PW-5 Constable Karan Singh. In statement recorded under Section 313 Cr.P.C., none of accused have given any explanation for those proved evidence, put to them under question. Even then, this judgment of acquittal is there. Hence, this appeal with prayer for grant of leave.

(3.) Heard learned A.G.A. and perused the impugned judgment. It is apparent that an application under Section 156(3) Cr.P.C. was moved before Court of Special Judge, J.P. Nagar, wherein contention was made that on 04.05.2008 at about 7.00 A.M. Udai Ram, Luxman, Sheeshpal and Nand Kishore, resident of same village, entered in altercation with informant, in which those accused persons assaulted him and insulted on the basis of being of Scheduled Caste. An application dated 05.05.2008 was filed before Superintendent of Police, J.P. Nagar through registered post and when accused persons came to know about it, they became furiated. On 08.05.2008, at about 11.00 A.M., Nand Kishore armed with Tabal (an incised weapon), Udai Ram, Luxman and Sheeshpal came and they did criminal tress pass. This was protested by informant and upon hue and cry, Lal Singh, Chandra Pal and many others came there. They intercepted causing escape of informant. Accused persons have abused on the basis of their caste and in case of opening their lip they will have to face dire consequences. Attempt was made for getting case registered at police station, but a direction for medical examination was given, which was done at Community Health Centre, where PW-4 Dr. Samar Alam examined injured Satyapal. A direction for registration and investigation of case was given, which was complied by registration of Case Crime No 1177 of 2008, under Sections 323, 324, 452, 504 I.P.C. and Section 3(1)X SC/ST Act.