UTTAM CHAND VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of Crimial P.C. against the order dated 18.11.2008 passed by First Additional Sessions Judge to the Court of Special Judge (Atrocities)/First Additional Sessions Judge, Morena in Criminal Revision No.182/2007 arising out of order dated 06.11.2007 passed by JMFC, Morena by which in exercise of powers under Sec. 190 of CrPC, the Magistrate has taken cognizance against the applicants and two more persons for offences punishable under Sections 323, 294, 147, 149 of Penal Code and under Sec. 3 (1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) The necessary facts for the disposal of this petition are that on 13.08.2007 a FIR was lodged by the complainant Gautam alleging that at about 4:15 PM when he was sitting in the shop of one Vimal Khandelwal, at that time the co-accused Monu Jain was coming from the direction of Maya Temple. When complainant demanded his money which was given to him by way of loan, Monu Jain started abusing him and said that nothing is outstanding and went back to his house. At about 4:30 PM while the complainant and Vimal Khandelwal were going back towards their house, at that time Rinku Jain, Pinki Jain, Forty Verma (applicant No.2), Uttam Verma (applicant No.1) and Manoj Jain, in furtherance of common object were standing with intention to assault the complainant. Immediately after noticing the complainant, Manoj Jain started abusing him and said "ekjnpksn csfM;k okys rsjks dks iSlk nsrk gwWaA" Thereafter, Monu went to the roof of his house and threw a stone on the complainant, as a result of which, the complainant received injury on his head due to which blood started oozing out. Rinku Jain, Pinki Jain and Uttam Verma threw the complainant on the road, dragged him and started assaulting him by means of fists and blows. Forty Verma (applicant No.2) assaulted the complainant by means of lathi causing injury on his right forearm. It was further alleged that the accused persons knew the complainant prior to the incident and they knew this fact that the complainant belongs to Schedule Caste and with an intention to humiliate him, he was humiliated and insulted by his caste on a place which is within the public view.

(3.) On the complaint of the complainant, the FIR was recorded. The complainant was sent for medical examination. In MLC, the doctor found the following injuries:-