JUDGMENT :

1. The present appeal has been filed by the appellants namely, Aniruddh Singh and Ram Darash Yadav against the judgment and order dated 21.11.2020 passed by Special Judge, SC/ST Act, Sant Kabir Nagar in Complaint Case No. 39 of 2020, Om Prakash Vs. Ram Kishun and others, whereby the appellants have been summoned under section 323 I.P.C. and 3(1) (r) and 3(1) (s) SC/ST Act, 1989 police station Khalilabad District Sant Kabir Nagar and the other co-accused have also been summoned to face trial under sections 323, 452, 504, 506 I.P.C. and 3 (1) (r) and 3(1) (s) SC/ST Act, 1989.

2. The facts giving rise to the dispute are that the opp. party no. 2 Om Prakash filed a complaint no. 39 of 2020 against the present appellants and five others with the contention that on 18.6.2020 at 7.00 in the morning the opp. party Ram Kishun, Rakesh, Umesh and Rishikesh @ Chhotu due to enmity started hurling abuses at the door steps of the complainant. When the complainant asked them not to do so, then Ram Kishun being provoked exhorted his sons Rakesh, Umesh, Rishikesh @ Chhotu and his brother-in-law Ram Ganesh to commit murder of the complainant. At this, all these persons with intention of caus