R.K.RASTOGI, J. - (1.) THIS is a revision against order dated 19 -6 - 2003 passed by Sri Surendra Vikram Singh Rathore, Special Judge, (S.C./S.T. Act) Jhansi framing charge against the revisionist under Section 3(2)(v) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act) in Session Trial No. 39 of 2003.
(2.) THE facts relevant for disposal of this revision are that on 8 -1 -2003 Arvind Kumar lodged F.I.R. at police station Prem Nagar, Jhansi with these allegations that his sister Smt. Avlesh was employed in Nehru Yuva Kendra, Jhansi. Accused Rajnish Dwivedi was also employed there. About one month ago Rajnish Dwivedi committed indecent assault upon Smt. Avlesh and she had slapped him at that time and had also made a complaint to the incharge, Nehru Yuva Kendra, and so Rajnish Dwivedi felt aggrieved with Smt. Avlesh and her husband Sachin Kumar Srivas. On 7 -1 -2003 Sachin Kumar and Smt. Avlesh were going on a motor cycle from the house of Dhani Ram Verma to their own house. The informant and his uncle Hari Ram Verma were following them on another motor cycle. At about 9 p.m. they reached near Kendriya Vidyalaya No. 3 and at that time Rajnish Dwivedi, Chhotu alias Sahban Ali and Santosh Sharma reached there on a boxer motor cycle. This motor cycle was being driven by Santosh Sharma. They obstructed Avlesh and Sachin Kumar and Rajnish Dwivedi fired at Sachin Kumar and Avlesh from pistol in his hand with intent to kill them. Sachin Kumar received fire -arm injury on his stomach and Smt. Avlesh received injury on her hand. Both of them fell down. Thereafter the above accused persons went away from the spot on the motor cycle. This incident was witnessed by Arvind Kumar etc. Upon noise Jitendra and some other persons also reached there and then they took Smt. Avlesh and Sachin Kumar to medical college for treatment.
(3.) THIS report was lodged at 0.10 a.m. on 8 -1 -2003 and on the basis of the same, a case under Section 307 I.P.C. was registered against accused persons. Sachin Kumar died thereafter and so charge under Section 302 I.P.C. was also added in this case. After investigation charge -sheet was submitted against Rajnish Dwivedi, Sahban Ali alias Chhotu and Santosh Kumar under Sections 302, 307 I.P.C. and Section 3(2)(v) of the S.C./S.T. Act. The case was committed to the Court of Sessions from where it was transferred to the Court of the Special Judge, S.C./S.T. Act for trial who framed charge against accused Rajnish Dwivedi under Sections 302, 307 I.P.C. and Section 3(2)(v) of the said Act.;