Neutral Citation No. - 2023:AHC:216877

Court No. - 84

Case :- CRIMINAL APPEAL No. - 6998 of 2023

Appellant :- Jitendra Pandey @ Badda Pandey

Respondent :- State of U.P. and Another

Counsel for Appellant :- Ram Krishna Dubey

Counsel for Respondent :- G.A.,Dhananjay Rai,Dileep Kumar

Gautam,Kumar Parikshit,Nitesh Vishwakarma

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Rejoinder affidavit filed on behalf of the appellant is taken on

record.

Heard the learned counsel for the appellant, learned counsel for the

opp. party no. 2 and perused the record.

This appeal has been preferred against the order dated 20.6.2023

passed by Additional Judge/ Special Judge, SC/ST Act, Bhadohi,

Gyanpur passed in complaint no. 06 of 2022, Asha Devi

Vs.Jitendra Pandey @ Badda Pandey, under section 354 -kha, 323,

504, 506 I.P.C. and section 3(1) da and 3 (1) dha of SC/ST Act,

police station Bhadohi District Bhadohi, whereby the discharge

application of the appellant was rejected.

As per the facts of the case, a complaint was filed by the opp. party

no. 2 Asha Devi on 14.1.2022 against the appellant with the

version that on 6.1.2022 at 10.30 A.M. when the complainant was

sitting in her Sehan, at the door of her house, the present appellant

-Jitendra Pandey @ Badda Pandey came equipped with a baton

regarding the possession of the land and hurled caste based filthy

abuses, thrashed her, dragged her by holding her hair and tore her

blouse by making her half nude. On her hue and cry, Lalmani her

sister-in-law came and she was also thrashed by the appellant

using caste based words and abuses. The witnesses saw the

incident and saved the complainant. While going back the

appellant gave them threat of life also. Their medical was done at

District Hospital Bhadohi which was retained by the police with

them but her FIR was not lodged. Then she sent a registered letter

to Superintendent of Police Bhadohi but no action was taken.

On the basis of this complaint dated 14.1.2022 after statements of

the complainant and her witnesses the appellant was summoned to

face trial under section 354 -kha, 323, 504, 506 I.P.C. and section

3(1) da and 3 (1) dha of SC/ST Act.

It is submitted by the learned counsel for the appellant that no such

incident took place. In the injury report, the injuries are shown

'simple' in nature. As per the statements of the injured ladies, no x

-ray was done regarding their injuries. It is further argued that in

fact the altercation took place between one Subhash and the

present first informant on 6.1.2022 and regarding that incident at

22.35 hours, an FIR was lodged as case crime no. 8 of 2022 by

Vinod Kumar the brother-in-law of the first informant. Subhash

also lodged a cross FIR as case crime no. 12 of 2022 in the

matter. FIR case crime no. 8 of 2022 is appended at page 51 of the

paper book but in that FIR there is no whisper of the present

incident. In the statement u/s 161 Cr.P.C. with regard to case crime

no. 8 of 2022 the present complainant Asha Devi and injured

Lalmani have stated that as they had a dispute with their pattidar

Subhash regarding the land, so they had gone along with their

family members to the present appellant at Shiv temple for

compromise. But during discussion Subhash Started hurling

abuses. He also started assaulting them with baton and gave threat

of life and because of his assault the first informant Asha Devi and

her sister-in-law Lalmani Devi were severely injured and her

brother-in-law Vinod got the FIR registered against Subhash. The

present complainant and her sister-in-law both were medically

examined at government hospital but no x -ray was done as

advised by the doctor. On the basis of the FIR case crime no. 8 of

2022 and the statement of the complainant in the present case and

the statement of other injured Lalmani Devi it is argued that the

incident took place with Subhash only. The appellant has been

falsely implicated after 8 days of