- (1.) UNDER challenge in the instant appeal is the judgment and order dated 16.08.2012 passed by Special Judge, SC/ST Act, Balrampur, in S.S.T. No.45 of 2008 arising out of case Crime No.117 -A of 1997 Police Station Pachdevra, District Balrampur, whereby all the appellants were convicted and sentenced as under: - (i) Under Section 147 IPC - One year's rigorous imprisonment; (ii) Under Section 323/149 IPC - Six months' rigorous imprisonment; (iii) Under Section 336 IPC - One month's rigorous imprisonment, and (iv) Under Section 342 IPC - Six months' rigorous imprisonment. Appellant Jamal Maqbool was also convicted for the offence under Section 3(1)(x) of the SC/ST Act and was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs.1,000/ - with default stipulation of one month's rigorous imprisonment. Appellants Haji Waddu and Alauddin were also convicted for the offence under Section 148 IPC and were sentenced to undergo rigorous imprisonment for a period of one year and six months'.
(2.) DURING trial accused Maqbool died and case against him was abated vide order dated 12.10.2011. Accused Munnu who was also tried with the appellants was however acquitted of all the charges levelled against him.
(3.) IN this case, first information report was lodged by Nanhe Lal Shilpkar against 13 named accused persons and several unknown persons on 13.09.1997 at 02.00 PM, alleging therein that on 12.09.1997 at about 06.00 PM, the complainant was sitting at the door of his neighbour Doctor Narendra Bahadur Tiwari. One Rustam came to him and told that appellant Jamal Maqbool, who was a member of District Panchayat Board, is calling him. On this communication, the complainant went with Rustam to meet Jamal Maqbool at his shop. When these persons reached near the culvert of canal, Jamal Maqbool was sitting on the said culvert and he caught hold of the complainant and after abusing him, started beating him with kicks and fists. The complainant made an effort to get released from his clutches. Meanwhile, the other accused persons and some unknown persons surrounded the complainant and they also abused and caused injuries to him. Appellants Hazi Waddu, Allauddin, Maqbool, Jalaluddin put guns on the chest of the complainant and threatened him to cause his death. Anyhow the complainant ran away from there and hide himself inside his house. The accused persons chased him and along with other unknown miscreants, surrounded the house of the complainant and started brick batting. They were threatening to break open the door of the house of the complainant and to commit loot. They set the thatch of his house on fire. Meanwhile one Ramraj Singh and Chaudhary Yadav made an effort to go the police station on the motorcycle of the complainant, then these persons caught hold of them and also caused them injuries and they were closed in the shop of Jamal Maqbool. Accused persons kept these persons closed in their houses for several hours and only after arrival of the police, Ramraj was rescued. This incident is alleged to have been witnessed by Shiv Pal, Manoj Kumar and several other persons. It was also alleged in the first information report that appellant Jamal Maqbool on the basis of foreign aid and with the help of anti -social elements has created a terror in the area and frequently torture backward persons and persons belonging to scheduled castes. It was also alleged that the complainant used to oppose Jamal Maqbool in his efforts for changing the religion of the persons who are members of the scheduled caste due to which this incident has been caused. The case of the defence was their false implication due to enmity and cross version.;