Amar Singh Chauhan, J. - (1.) Challenge in this appeal is to the judgement and order dated 7.4.2015 passed by learned Additional Sessions Judge/Special Judge (SC/ST Act), District Meerut in Session Trial No. 1138 of 2010 (State of U.P. vs. Praddumn and others), arising out of Case Crime No. 259 of 2008, Police Station Medical, District Meerut whereby the accused-respondents have been acquitted for the offence punishable under sections 452, 323 read with section 34, 504, 506 IPC and section 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "SC and ST Act").
(2.) In short compass, the facts giving rise to the present appeal are that the First Information was lodged on 20.5.2008 of the incident dated 13.4.2008 to 12.5.2008 with the allegation that on 13.4.2008 daughter of the informant was beaten two times by the accused-respondents, who are resident of 348/8, Jagriti Vihar, Police Station Medical, District Meerut. On account of assault, blood was oozing from the head of the daughter. When she went to make complaint to the grand mother of the accused-respondents and further to give scold but they again started marpeet and entered into her house and hurled abuses by using filthy language and casting remark. They also twisted her hand due to which she felt pain several days and also extended threat to kill. The case was registered under sections 452, 323/34, 504, 506 IPC and section 3(1)(10) of S.C./S.T. Act which was entered in GD vide Rapat No. 41 at about 18.10. P.M. on 20.5.2008 at Police Station Medical, District Meerut. After the registration of the case the investigation of the case was entrusted to the Circle Officer, Meerut. He copied the report lodged by the informant and after recording the statement of informant and other witnesses, prepared the site plan and submitted the charge sheet under sections 452, 323/34, 504, 506 IPC and section 3(1)(10) of S.C./S.T. Act. After taking cognizance on 8.9.2010, the case was committed to the Sessions Court which was received after transfer to the court of Additional Sessions Judge (Special Judge) S.C./S.T. for trial. The charges were framed against the accused-respondents under sections 452, 323/34, 504, 506 IPC and section 3(1)(10) of S.C./S.T. Act to which they pleaded not guilty and claimed to be tried.
(3.) To bring home the guilt of the accused, the prosecution has examined as many as five witnesses. Besides this in documentary evidence Tehrir Ex.-1, Site Plan Ex.-2, charge sheet Ex.-3, Chik FIR Ex.-4, Kaymi G.D. Ex.-5 and G.D. Report were submitted.;