- (1.) This Criminal Appeal under Section 372 Cr.P.C. has been filed by the informant against the judgment and order dated 25.07.2015, passed by Sri Santosh Kumar Srivastava, the then Special Judge, SC/ST (P.A.), Act, Hamirpur in Special Case No. 88 of 2009 (State vs. Naresh Yadav and others), arising out of Case Crime No. 771 of 2009, under Sections 323/34, 324/34, 504, 506(2) I.P.C. and Section 3(1)(x) SC/ST Act, P.S. Kurara, District Hamirpur by which the accused-opposite parties no. 2 to 5 were found guilty under Section 323 read with Section 34 I.P.C. and were sentenced each to the tune of Rs. 1000/- as fine with default stipulation. However all the accused-opposite parties have been acquitted for the charges under Sections 324/34, 504, 506(2) I.P.C. and Section 3(1)(x) SC/ST Act.
(2.) Brief facts of the case are that the first information report was lodged by the appellant-informant Omkar @ Onkar stating that on 17.06.2009 at about 3 O'clock in the day time, the informant was standing at the tempo stand. Suddenly, Naresh Yadav told the tempo driver Baua to turn the tempo from near the Basoro colony. At this, the informant said that the said words should not be used, due to which Naresh Yadav started using abusive language. The informant was pushed in the ditch (Naala) and all the accused started assaulting him by danda, legs and fists. The mother of the informant Sagunia and others came to save him at which the informant and his parents were also abused and threatened. Thus, the first information report was lodged.
(3.) The prosecution examined as many as seven witnesses before the trial court. PW-1 is informant Omkar @ Onkar who proved the written report as Exhibit Ka-1. He is injured witness too. PW-2 is Maiyadeen who is said to be the father of the informant and also an injured witness. PW-3 is Sagunia @ Saguna who is said to be the mother of the informant. PW-4 is Malti who is said to be the wife of informant. PW-5 is Jogendra Lal, C.O., the Investigating Officer who investigated the matter, inspected the spot and prepared the site plan which was proved as Exhibit Ka-2. He further submitted the charge sheet against the accused persons which was proved as Exhibit Ka-3. PW-6 is Dr. Seeta Ram, who examined the injured Maiyadeen, Sagunia @ Saguna, Malti and the informant Omkar @ Onkar and proved their injury reports as Exhibits Ka-4 to Ka-7. PW-7 is Constable Ram Ashrey who proved the chick report and proved it as Exhibit Ka-8 and copy of G.D. as Exhibit Ka-9. After examining as many as seven witnesses, the prosecution has closed its evidence.;