Advocates:
['HARI OM OJHA', '', 'RISHI KANT RAI', 'G A']

Court No. - 53

Case :- CRIMINAL APPEAL No. - 230 of 2019

Appellant :- Ashok Singh And 2 Others

Respondent :- State Of U.P.

Counsel for Appellant :- Hari Om Ojha,Rishi Kant Rai

Counsel for Respondent :- G.A.

Hon'ble Umesh Chandra Tripathi,J.

This criminal appeal under Section 14A (2) of The Scheduled

Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989

(for short 'Act, 1989') has been filed on behalf of the appellants

challenging the judgment and order dated 22.11.2018 passed by

Special Judge, (SC/ST Act), Kushinagar at Padrauna in Session

Trial No. 363 of 2007 (State Vs. Ashok Singh and others),

arising out of Case Crime No. 1215 of 2006, under Sections

323, 504, 452, 308 of the Indian Penal Code, 1860 and Section

3(1)(x) of SC/ST Act, Police Station - Kotwali Padrauna,

District - Kushinagar whereby the appellant Ashok Singh,

Virendra Singh and Pramod Kumar Singh were convicted for

the offence punishable under Sections 323,/34 and 506 IPC and

instead of sentencing them at once, they have been released on

probation.

Learned counsel for the appellant contended that appllant-

Ashok Singh has sustained head injury. Trial court has admitted

this fact th