Umesh Chandra Tripathi, J. - (1.) By way of instant criminal appeal, the appellants have challenged the legality and sustainability of the judgment and order dated 7.02.2003 passed by Special Judge (SC/ST Act), Bulandshahr in Criminal Case No. 87 of 1994 (State v. Sunder and another), arising out of Case Crime No. 83 of 1994, Police Station - Sikandrabad, District - Bulandshahr, whereby accused-appellants Sunder and Mukesh were convicted and sentenced as follows : (i) Rigorous imprisonment for one year, for offence punishable under Section 323/34 of the Indian Penal Code (hereinafter referred to as 'IPC'); (ii) Rigorous imprisonment for two years, for offence punishable under Section 506 of IPC; and (iii) Rigorous imprisonment for three years, for offence punishable under Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Act, 1989')
(2.) All the sentences were directed to run concurrently.
(3.) Succinctly, facts of the case are that informant Modi Lal Sagarwal, a doctor by profession, used to practise in his clinic situated in Mohalla Shekhwada, Police Station - Sikandrabad, District - Bulandshahr. He was a member of Scheduled Caste. Accused-appellant Sunder Lal had a tailoring shop in front of informant's clinic. On 24.02.1994 at 06.30 P.M., while the informant was sitting in his clinic, accused-appellants - Sunder Lal and Mukesh were disassembling the electrical wires by climbing up to the pole, due to which power supply of informant's clinic was cut off. This led to a rhubarb between informant Modi Lal Sagarwal and accused-appellants Sunder Lal and Mukesh, who started hurling caste-based abuses at the informant. Accused-appellant Sunder Lal taking 'saria' (a thin iron rod used for the purpose of construction) from his shop and accused-appellant Mukesh having 'plas' (a pair of pliers), assaulted the informant with their respective weapons, due to which he endured grievous injuries. He fell on the ground and became unconscious. After some time, one Sharif Ahmed came on the spot and took the injured informant Modi Lal Sagarwal, who was still unconscious, to Government Combined Hospital, Sikandrabad, Bulandshahr.;