Umesh Chandra Tripathi, J. - (1.) This criminal appeal under Section 14A (1) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellants challenging the order dated 21.01.2019 passed by IInd Additional Sessions Judge/Special Judge (S.C./S.T. (P.A.) Act), Etawah, in Complaint Case No. 55 of 2017 (Tarvesh alias Sarvesh v. Ranvir Singh and Another), under Sections 323, 504 and 506 of the Indian Penal Code, 1860 (for short 'IPC') and Section 3(1)(r)(s) of Act, 1989, Police Station - Basrehar, District - Etawah, whereby appellants have been summoned under the aforesaid sections.
(2.) Heard Sri Rajiv Lochan Shukla, learned counsel for the appellants, Sri Ajay Kumar Pathak, learned A.G.A. for the State of U.P. in opposition and perused the material brought on record.
(3.) As per prosecution version, complainant/private-respondent Tarvesh alias Sarvesh is a member of the Scheduled Caste. A transformer is installed in his 'khet' (agricultural field). The accused-appellants - Ranvir Singh and Saurabh Yadav used to irrigate their agricultural field by drawing water from the tube well through illegal electric connection from that transformer. In the night of 06.05.2016, while they were irrigating their field by taking illegal electric connection through the transformer, the electric connection became disrupted, due to bluster of wind. They suspected that the complainant or his family members had disrupted the electricity connection. In the next morning i.e. on 07.05.2016 at about 07.30 P.M., accused-appellant - Ranvir Singh Yadav and Saurabh Yadav came into the field of complainant/private-respondent Tarvesh alias Sarvesh where he was working and started abusing and assaulting the complainant by blunt object 'lathi-danda' (wooden stick) and kicks and fists, with the allegation that he had deliberately disrupted the electric connection from the transformer situated in his field. On alarm being raised by the complainant, Nathuram and Adiram and other persons came on the spot and rescued the complainant, whereafter the accused went away, threatening the complainant to face dire consequences if he further dares to disrupt their electric connection. With the above allegation, the complainant/private-respondent Tarvesh alias Sarvesh lodged an application under Section 156(3) of the Code of Criminal Procedure, 1973 (for short 'Code') before the court and by the order of court, a case was registered on 23.07.2016 and the matter was investigated by the police.;