SURENDRA VIKRAM SINGH RATHORE, J. - (1.) UNDER challenge in this appeal is the judgment and order dated 24.3.2012 passed by the learned Special Judge (SC/ST Act)/Additional Sessions Judge, Court No. 10, Hardoi in Sessions Trial No. 214 of 2004 arising out of Case Crime No. 127 of 2003, Police Station Tadiyawan, district Hardoi whereby the accused -appellants were convicted and sentenced as under: - (i) Section 147 I.P.C. - One year imprisonment each. (ii) Section 323/149 I.P.C. - Six months imprisonment each. (iii) Section 504 I.P.C. - One year imprisonment (iv) Section 506 I.P.C. -One year imprisonment. (v) Section 3 (1)(x) of the SC/ST Act - Two years and six month imprisonment and also with fine of Rs. 500/ - each with default stipulation of two months additional imprisonment. However, the appellants were acquitted of the charge under Section 325 I.P.C.
(2.) IN brief the case of the prosecution was that complainant Ram Kumar was a member of Scheduled Caste and accused -appellants are Takur by caste. On 5.4.2003, at about 3:00 p.m., appellant Dirvijay Singh, under influence of intoxication, came to the house of the complainant and started abusing. Niece of the complainant at that time, was brooming at the door of her house. When she asked Dirvijay Singh not to abuse then Dirvijay Singh started abusing her also. When the complainant came out and asked him not to abuse then all the accused persons started beating the complainant with lathi and danda. They were also exhorting to cause his death. Hearing the noise of the complainant, his cousin Smt. Jaidevi also reached there for his rescue, then the accused persons also caused her injuries. Hearing the noise, several persons of the village assembled there and on their challenge, the accused persons went away from there extending threats of dire consequences. The complainant went to lodge the F.I.R. of this case at Police Station Tadiyawan but his F.I.R. was not lodged and no action was taken. Thereafter Ram Kumar, complainant and his cousin Jaidevi got themselves medically examined at District Hospital, Hardoi.
(3.) IN the medical examination of the complainant a fracture was found in his hand. Thereafter the complainant gave an application to S.P. Hardoi on 10.4.2003 but no action was taken. Thereafter again an application was moved to S.P., Hardoi on 17.4.2003, on the basis of this application, case was registered on 28.4.2003 at 15:00 hours. The case was investigated. The Investigating Officer inspected the place of occurrence and prepared its site plan. After completing the investigation, charge sheet was submitted. As per medical examination report, injured Ram Kumar received following injuries: - (i) Lacerated wound 3.5 c.m.x5 c.m. x bone deep present on right side scalp 9 c.m. above the right ear temporal area. (ii) Contusion 4 c.m. x 2.5 c.m. left forearm just below left eblow joint. (iii) Contused swelling 6 c.m. x 5 c.m. on right dorsal of hand. (iv) Complain of pain all over body. Injury no. (iii) was kept under observation and x -ray was advised. In the medical examination of injured Smt. Jaidevi following injuries were found: - (i) Lacerated wound .5 c.m. x .2 c.m. between middle of nose with defused swelling over whole nose and bleeding from both nostrils. (ii) Abraded contusion 6 c.m. x 2 c.m. on right side neck middle part 6.5 c.m. below ear horizontal place. (iii) Abraded contusion 4.5 c.m. x 1.5 c.m. on forearm lower part. (iv) Contusion 3 c.m. x 1.5 c.m. on right glut upon the upper part. (v) Contused swelling 6 c.m. x 6 c.m. on left dorsal of third and fourth toe. (vi) Complain of pain all over body. Injury no. (i) and (v) were kept under observation and x -ray was advised. In the x -ray report of the complainant fracture of base of fifth metacarpal bone was found but in the x -ray of injured Smt. Jaidevi no bonny injury was seen. ;