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 that the place of occurrence is disputed. A civil suit was

pending between the parties about the place of occurrence.

Despite the injunction order in favour of the appellants, learned

trial court has not provided right of private defence to the

appellant.

Per contra, learned A.G.A., contended that there is no infirmity

or illegality in the order passed by the learned trial court.

From perusal of record it reveals that learned trial court has

recorded finding that from the prosecution side informant

Khaderu, Bacchi Devi and Savitri have sustained five visible

injuries and five complaint of pain. The injured witness

Khaderu, Bacchi Devi and Savitri have supported the

prosecution version. The appellants had not pleaded right of

private defence before the trial court, accordingly I find no

infirmity in the impugned order passed by the trial court.

In result, the appeal is dismissed summarily.

Order Date :- 10.1.2019/Manish Tripathi