Cognizance taken without hearing the accused for added charges under IPC is unsustainable; rights to a fair process must be preserved.

JUDGMENT :

(Manoj Bajaj, J.) :

1. Appellants-Accused have filed the above separate appeals under Section 14-A(1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to challenge the impugned order dated 17.8.2023 passed by Special Judge (SC/ST Act), Mathura in Case Crime No. 321 of 2022, under Sections 147 , 148, 323, 504, 506 I.P.C. and Sections 3(1)(r), 3(1)(s) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby while taking cognizance of the offences contained in final report under Section 173(2) Cr.P.C. dated 2.1.2023, additionally cognizance in respect of the offences punishable under Section 325 , 307 I.P.C. has also been taken, by allowing the application filed by respondent no.2-complainant.

2. Briefly, the facts leading to the appeals are that complainant-Lekhi S/o Lachchi got lodged F.I.R. dated 24.10.2022 bearing Case Crime No. 321 of 2022 (Annexure No.6), wherein it is alleged that on 24.10.2022 at around 4:00 p.m., he reached on his tractor at his land comprised in Khasra No. 71 measuring 0.405 hectare for ploughing, which was taken by him on lease from Mohan Singh S/o Ratiram. When the complainant started the work, suddenly Badani, Lakhkhi S/o Nandram, Kanhiya S/o Raggo, Usha W/o Keshav, Parwati W/o Lakhkhi, Pooran Devi W/o Badani, Rajkumar S/o Laxman, Vishnu S/o Lakhkhi, Keshav S/o Lakhkhi, Lalaram S/o Gyasi, Tejpal S/o Gyasi, all residents of Gazipur armed with sticks, sharp edged weapon (Farsa) and rods arrived there and attacked the complainant. The assault resulted in head injury and fractures to the complainant, who fell down and turned unconscious. When complainant gained consciousness, the accused persons abused him in the name of his caste and also threatened him. On these broad allegations, the F.I.R. was registered for alleged commission of offences punishable under Section 147 , 148, 323, 504, 506 I.P.C. and Section 3(1)(r), 3(1)(s) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘Atrocities Act, 1989’).

3. After registration of the F.I.R., the investigation in the case was conducted and upon conclusion of the same, a final report dated 2.1.2023, under Section 173(2) Cr.P.C. was filed against the accused-appellants, wherein during investigation, in addition to the offences contained in F.I.R., the offence punishable under Section 324 I.P.C. was also incorporated.

4. Thereafter, the complainant moved an application dated 7.8.2023 (Annexure No.11) before the Special Court, Mathura and prayed that cognizance in respect of the offences punishable under Sections 325 , 307 I.P.C. be also taken, and the Special Court, Mathura vide impugned order dated 17.10.2023 allowed the application moved by the complainant and proceeded to take cognizance of offences contained in the final report dated 2.1.2023, under Section 173(2) Cr.P.C. as well as for the offences punishable under Sections 325 , 307 I.P.C. Hence, these appeals.

5. Pursuant to the notice issued in these appeals, the opposite parties were served and complainant filed his counter affidavit in Criminal Appeal No. 10230 of 2023, wherein he refuted the grounds raised by the appellants. It is pleaded that the record of the case, including the medical examination report of the inj