Karuna Nand Bajpayee, J. - (1.) This is an appeal filed on behalf of the appellants namely Dinesh Kumar and Lallan against the judgement and order dated 20.9.2016 passed by learned Special Judge (S.C./S.T. Act)/Additional Sessions Judge, Fatehpur in S.T. No. 78 of 2012, State vs. Dinesh Kumar and another, arising out of Case Crime No. 139 of 2011, P.S.- Malwan, District- Fatehpur whereby the appellants have been convicted and sentenced to undergo six months rigorous imprisonment under Section 323 I.P.C., six months rigorous imprisonment under Section 504 I.P.C. and further one year rigorous imprisonment with fine of Rs. 2,000/- under Section 3(1)(10) S.C./S.T. Act with default clause to undergo further three months simple imprisonment in case of their failure to deposit the fine. All the sentences were ordered to run concurrently.
(2.) The prosecution case in brief appears to be like this. On the date of incident, that is to say on 17.10.2011, at about 6.00A.M. in the morning when the victim Savitri was going out to attend the call of nature, the appellants namely, Dinesh Kumar and Lallan and one Barkauna (not charge-sheeted) met her in the way where they are said to have made assault upon her by lathi and danda and are also said to have hurled caste based abuses against her. When she raised hue and cry, her husband came over there. The accused thereafter left the spot. The victim is also said to have received certain injuries on her person. The F.I.R. of this case was lodged on the same day at about 5.30 P.M. The investigation thereafter commenced in the case. The charge sheet was filed only against two accused namely Dinesh and Lallan while no charge sheet was filed against Barkauna, though he was also nominated as an accused in the F.I.R. After taking cognizance in the matter, due procedure was followed and the matter was committed to the court of Session and the charges were framed against the accused-appellants under Sections 323/34, 504 I.P.C. as well as under Sections 3(1)(10) S.C./S.T. Act.
(3.) In order to prove its case, the prosecution produced the victim Smt. Savitri as P.W.-1 while her husband Kallu was produced as P.W.-2. Constable Shiv Kumar was produced as P.W.-3 while Investigating Officer Ajit Kumar Sinha was produced as P.W.-4. Apart from them, Dr. Lalit Kumar was produced as P.W-5 to prove the alleged injuries constituting the medical evidence.;