ORAL JUDGMENT

Heard learned counsel for the appellants as well as learned APP for the State on this criminal appeal.

3. Factual matrix of the case is that S.C.S.T Case No. 14 of 2008 was instituted under Sections 341, 323, 448, 354, 380, 427 and 504/34 of the Indian Penal Code and Sections 3(i) (X) (XI) of the S.C. S.T. Act against the accused persons, namely, Pappu Singh, Son of Late Lal Singh, Pappu Singh, Son of Dayanand Singh and Shailendra Ram on the basis of the written report of Usha Devi, W/o Arjun Chaudhary with the case in succinct that on 26.07.2008 at around 04:00 PM while she was sitting in the lane located in front of her house, in the meantime Pappu Singh son of Late Lal Singh, Pappu Singh son of Dayanand Singh and Shailendra Ram armed with lathi and danda arrived there to consume toddy and demanded toddy from her husband and on his refusal to oblige them they slated them in the name of their caste and started assaulting her husband by means of lathi. When she rushed in his rescue, they also slated her and assaulted her and extended threatening of ousting from the village. Further