Surendra Vikram Singh Rathore, J. - (1.) HEARD learned AGA on application for grant of leave to appeal.
(2.) THE instant appeal has been preferred against the judgment passed in Sessions Trial No. 44 of 2008 by Special Judge, SC/ST Act, Balrampur arising out of case crime no. C -967 of 2007, P.S. -Kotwali Nagar, District -Balrampur, whereby the opposite party -Arshad was acquitted for the offence under Section 323, 504 IPC and 3(I)(X) of SC/ST Act. Brief facts are as under: - The occurrence of this case is alleged to have been taken place on 17.11.2007 at about 10.00 pm. When the complainant parked his rickshaw in front of Vijay Talkies then the opposite party -Arshad reached there and asked him to remove his rickshaw from there. The complainant said that his rickshaw is standing on the road then the accused abused him and caused him injuries with kicks and fists.
(3.) THE FIR was lodged and charge sheet was filed after investigation. The complainant was examined as P.W. -1. He has supported the prosecution story. P.W. -2 Nanke, who happens to be the real brother of the complainant was also produced and he has also supported the prosecution story.;