BANSILAL Vs. STATE OF U P

JUDGEMENT

(1.) The applicants/accused, have filed this revision being aggrieved by the order dated 8.7.2011 passed by the Special Judge, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act (in short 'the Act'), Jabalpur in Special Case No.34/11 framing the charges against each of the applicants for the offence of section 294/34, 323/34 of the IPC and section 3(1)(x) of the Act.

(2.) The facts giving rise to this revision in short are that on 26.4.2011 on receiving the information of some quarrel and incident from the complainant Gend Singh R/o Uchehra at Police Station Kundam, District Jabalpur, the same was recorded in the Rojnamcha Sanha No.860. On holding the preliminary inquiry, it was revealed that some cognizable offence has been committed, on which, the FIR was registered as Crime No.82/11 against the applicants for the offence of section 294,323,506 and 34 of the IPC and section 3(i)(x) of the Act. As per averment of it on dated 23.4.2011 said complainant Gend Singh was in need of tractor for bringing his grain from his village to some place, for which, at the fare of Rs.300/-, he hired the tractor from applicant No.1 Bansilal. On the way, near Bus stand Kundam, said Bansilal refused to bring his grain on his2 tractor and returned the sum of the fare. Thereafter, the complainant hired the tractor of one Panchamlal Chakrawarty for the same, on which, the applicants abused the complainant on account of his caste Gond and also to said Chakrawarty and Preeti and also beaten them. On lodging the report at PS Kundam, the same was recorded in the Rojnamcha sanha No.860 of dated 23.4.2011 and thereafter the victims were sent to hospital, where on medical examination, their MLC reports were prepared. Subsequent to it, on dated 26.4.2011, a report in writing was also given by the complainant to said police station contending that on 23.4.2011, for bringing his grain from his village he hired the tractor of Bansilal. On the way at Bus stand Kundam, he refused to bring his grain from village, on which, on account of returning their sum of fare, some quarrel took place between him and applicant No.1 Bansilal, in which all the applicants with intention to humiliate the complainant on account of his caste covered under the Act, abused him with filthy languages and also beaten them. When Panchamlal and Preeti Chakrawarty came to rescue him then they were also subjected to abuse and beating by them, on which, the complainant fled away and came to police station to lodge the report. At the time of lodging the earlier report due to fear of the applicants, he did not mention the name of applicants No.2 and 3 as culprits of the incident and the same was lodged only against applicant No.1 Bansilal, while he and aforesaid two victims, were abused and beaten by all the applicants. In the above-mentioned circumstances, on establishing the cognizable offence, the FIR was registered against the applicants as Crime No.82/11 for the offence of section 294,323,506/34 of the IPC and of section 3(1)(x) of the Act. Said Panchamlal and Preeti were also sent to hospital for examination where their MLC reports were prepared. Caste certificate of the complainant was taken from the concerning Gram Panchayat. The applicants were arrested and also3 interrogatory statements of the witnesses were recorded. On completion of the investigation, the applicants were charge sheeted for the alleged offence.

(3.) The trial Court on evaluation of the papers of the charge sheet framed the aforesaid charge against the applicants, on which, they, have come to this court with this revision.