PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:

Heard learned counsel for the appellants and learned counsel for the State.

2. The present appeal is directed against the order dated 07.03.2024 passed by Special Judge, SC/ST (POA) Act, Saran at Chapra in Mashrakh P.S. Case No. 20 of 2020 (SC/ST Trial No. 53 of 2021), whereby and whereunder discharge petition under section 227 Cr.P.C. filed by the appellants has been rejected.

3. As per the prosecution case, the complainant and her husband went to the appellants' home asking their previous daily wages on 08.01.2020 around 9 AM. It is alleged that appellants started abusing them by using caste remarks. It is further alleged that when the informant and her husband requested appellant no. 1 not to use their caste name, appellant no. 1 ordered to assault the informant. On this, appellant no. 3 caught the hair of the informant and thrashed her on the ground and thereafter all others assaulted her by means of slippers and shoes and dragged her on the ground. It is also alleged that informant was abused by the appellant and people of nearby came to save them.

4. Learned counsel for the appellants submits that investigation has been taken place and charge-sheet has been submitted on 30.11.2020 against all the appellants under section 147, 341, 323, 504 and 506 I.P.C. and section 3(i)(r)(w)/3(2) (va) of the SC/ST (POA) Act and cognizance has been taken accordingly against all the appellants. It is submitted that all the witnesses including the informant are family members and they are interested witnesses. There is a land dispute between the families of the appellants and the informant. It is submitted that the concerned court while dismissing the discharge petition has not discussed the points raised in the petition under section 227 Cr.P.C. It is submitted that no occurrence took place in public view and there is an earlier case lodged by the appellants side against the informant's side but the same has not been considered by the concerned court while dismissing the discharge petition.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MjQjMjQ5NyMyMDI0IzEjTg==---am1--udko18buF0=

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