RAMCHARAN Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been submitted under section 397/401 of Cr.P.C. by accused/petitioners challenging an order dated 19th January 2012 in Special Sessions Case No. 79/2011 passed by the Special Judge (SC & ST), Guna (M.P.) framing thereby charges against the petitioners for commission of offence punishable under sections 323, 294, 506(Part II) of I.P.C. read with section 3(l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

(2.) Facts, in short, just for the adjudication of the case are that on 21st August 2011 at around 10.30 p.m., when the complainant Kanhaiyal was standing outside his room, let out to him by the accused-petitioner Ramcharan, at that juncture all the accused, namely, Prakash Dhakad, Ramesh Dhakad accompanied with their father Ramcharan (landlord) came to him and uttered abusive language denoting to his caste. It is alleged that thereafter accused Prakash gave a blow with a lathi which hit on the left side of the complainant, causing injury. When the complainant's wife came to his rescue, she was also assaulted with a lathi blow which hit on her right hand. Accused Ramcharan threatened the complainant to his life, if the room is not vacated by him. On the report of the complainant, an FIR was lodged and after investigation, the charge-sheet has been filed against the petitioners-accused for the alleged offences. On committal in trial, the charges have been framed as mentioned above. Before the learned trial court, the petitioners-accused moved an application under section 228 of Cr.P.C. for discharging them of the offence under the Act, which came to be rejected, hence this revision.

(3.) The learned Public Prosecutor for the respondent/State, on the other hand, supported the impugned order and prayed for dismissal of the revision.