DILIP KUMAR VERMA Vs. STATE OF U P

JUDGEMENT

(1.) - The appellant No. 1 Dilip Kumar Verma, has been convicted and sentenced as under.-

(2.) THE prosecution case as per the First Information Report version, lodged at the instance of Constable Shiv Sahay, P.W.I, is that on 14.11.1995, when the said person alongwith, homeguard Ram Bahadur Singh, P.W.2, duly armed was posted at Digiha Trisection on picket duty, at about 9.30 a.m., former M.L.A. Dilip Kumar Verma came on a Rajdoot motorcycle, armed with rifle, alongwith another person armed with a revolver, who was driving the motorcycle. Suddenly the said person came and said to the complainant (P.W.1, Shiv Sahay) as to why the Jeep of appellant Dilip Kumar Verma had not been allowed to be parked. THE complainant, PW-1, said that it was his duty to ensure that the traffic is not jammed on the road. Dilip Kumar Verma got infuriated on this and started abusing the complainant in the name of his mother and sister and also in the name of his caste (the offending sentences on account of their dirty content are not being mentioned). On saying so, Dilip Kumar Verma put his rifle on the chest of the complainant. In the meantime, Devi Prasad Mishra, P.W.3, and Kunwar Prasad, came along with others and saved the complainant.

(3.) IN regard to commission of offence under section 3 (1) (X), S.C./S.T. Act, learned Counsel for the appellants has contended that under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (for short 'S.C./S.T. Rules'), only an officer, not below the rank of Dy. Superintendent of Police, duly appointed by the State Government, could investigate the case. IN the case in hand, officer of such rank holding such post and duly authorized, has not investigated the case and, therefore, conviction for commission of offence under S.C./S.T. Act could not have been recorded.