- (1.) UMESHWAR Pandey, J. This appeal arises out of the judgment and order of conviction and sentence dated 18-10-2000 passed by the Special Judge (SC/st Act), Banda.
(2.) THE brief facts are that on 13-8-1999 in the afternoon at about 4 p. m. while Dwarika (PW 2) was at his residence, the appellant-accused Shamsuddin came to him and started abusing him using filthy language which attracted the attention of complainant Ram Babu (PW 1) the son of PW 2, who tried to stop the accused from abusing his father. THEreupon the appellant assaulted him with Lathi inflicting two contusions upon his body. On the commotion raised on the spot several witnesses arrived there and the accused thereafter left the spot. It is also stated in the F. I. R. that the appellant was accompanied by unknown person who was holding a country-made pistol. THE matter was immediately reported at the Police Station at 5 p. m. by PW 1 and a case under Sections 323, 504 and 506 IPC and 3 (1) (10) of SC/st Act was registered against the appellant. THE injuries of Ram Babu (PW 1) were examined at Primary Health Centre, Naraini, the same evening at 8 p. m. Dr. N. D. Sharma (PW 5) has found two contusions on the body of Ram Babu, one on the left leg and the other on the left side of back. THE matter was investigated by K. S. Sinha, SI (PW 4), who, after recording evidence etc. in the case, submitted charge- sheet. The accused on being charged for the aforesaid offences under Sections 323, 504 and 506 IPC and 3 (1) (10) of SC/st Act, he pleaded not guilty and subsequently under Section 313 Cr. P. C. he stated that he had been falsely implicated on account of enmity. The trial Court in this case recorded the evidence of five witnesses during the trial, who included the complainant Ram Babu (PW 1), his father Dwarika (PW 2) and another eye-witness Babu (PW 3), the Investigating Officer K. S. Sinha (PW 4) and Dr. N. D. Sharma, who had medically examined Ram Babu on 13-8-2000 as PW 5. The prosecution also proved the documents Ext. Ka-1 to Ka-6 which include the F. I. R. , Chick F. I. R. , injury report of Ram Babu, site-plan and charge-sheet etc.
(3.) THE defence in this case has not submitted any evidence, oral or documentary. The trial Court after having considered all the materials and evidence available on record found that the offences punishable under Section 3 (1) (10) of SC/st Act and under Section 506 IPC were not proved against the appellants- accused and he was acquitted of the same. The Court below, however, found that the offence punishable under Sections 323 and 504 IPC had been proved and accordingly conviction was recorded for those offences and sentenced the appellant with rigorous imprisonment of one year for the offence under Section 323 IPC and for two years rigorous imprisonment with regard to the offence punishable under Section 504 IPC.;