(1.) Heard learned counsel for the appellants as well as Sri S.N. Tilhari, learned A.G.A. appearing for the State.
(2.) This criminal appeal has been preferred by the appellants to set aside the order dated 16.11.2018 passed by 2nd Additional Sessions Judge/ Special Judge, SC/ST Act, Balrampur in Complaint Case No. 56/2018 (Banshi Lal Vs. Hemant Kumar Mishra and others) under Section 323/ 504/ 506 I.P.C. and Section 3(1)(10) SC/ST Act, P.S. Kotwali Utraula, District Balrampur and allow the present criminal appeal and discharge the appellants from all offences.
(3.) Brief facts necessary for the disposal of this appeal are that an application under Section 156(3) Cr.P.C. was moved by respondent No.2 namely Banshilal against appellants before C.J.M., Balrampur alleging therein that on 27.05.2014 at about 8:00 P.M., appellants (accused persons) started abusing him in front of his house. Earlier also appellants had assaulted him and a criminal case pertaining to that incident was pending in the Court. The appellants were pressurizing the complainant to compromise in the above mentioned case. On the aforesaid day and time the appellants after entering his house started beating him, addressed him with castiest remarks and threatened him to make compromise in the aforesaid case or to face consequences. On a hue and cry made by him, Ram Abhilakh and Ram Kishore and other persons of the village came at the scene and save him from the appellants. On 28.05.2014 appellant -Hemant Kumar went back to Gorakhpur but rest of the appellants/ accused persons were continuously sitting in front of his house and consequently he could not go to the police station to lodge F.I.R. However, an application was given by him in the police station, Utraulla on 29.05.2014 and subsequently he also approached S.P. balrampur but no action was taken against the appellants.