Court No. - 70
Case :- CRIMINAL APPEAL No. - 4582 of 2021 Appellant :- Jeera Devi Respondent :- State Of U.P. And 6 Others Counsel for Appellant :- Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the appellant and Shri Pramod Kumar Singh, learned State Law Officer on behalf of the State.
This appeal is preferred under Section 14-A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act- 1989 (in short 'the Act-1989') against the order dated 02.08.2021 passed by the Special Judge (S.C./S.T. Act)/Additional Sessions Judge, Court No.2, Bhadohi at Gyanpur in Complaint Case No.74 of 2017 (Jeera Devi v. Ramashankar & Ors.) by which the application 10-Kha was rejected by the learned lower court.
Feeling aggrieved by the rejection of application 10-Kha for framing charges under Section 307, 436 IPC apart from Sections 147, 323, 504, 506 IPC and 3(1)(10) S.C/S.T. Act under which they were summoned, the present criminal appeal has been preferred.
The brief fact necessary for disposal of this appeal at the admission stage itself is that the appellant has filed this appeal alleging that the respondent nos.2 to 7 who are residents of Village-Hariyaon, P.S. Bhadohi, District-Sant Ravidas Nagar, Bhadohi are high-handed people of the village and on 11.04.2014 at 07:30 pm, the respondent nos.2 to 7 armed with lathi, danda and country-made pistol uttered filthy words against the victim, assaulted her and also snatched Rs.250/-
from her. The complainant moved application before the Superintendent of Police-Bhadohi but no action was taken. The accused-respondent nos.2 to 7 armed with lathi, danda and country-made pistol arrived at the 'marha' where the victim was cooking food and uttered filthy language and threatened her to take forceful possession of the disputed land. The accused have assaulted the victim with lathi, danda and country-made pistol and when her son Yogesh tried to interrupt, the accused have beaten him badly with lathi, danda and also have put the 'marha' of informant on fire by lighting the matchstick.
Learned lower court had recorded the statement of the complainant-Jeera Devi under Section 200 Cr.P.C. where she had supported the prosecution version. The statements of PW-1 (Bachchey Lal) and PW-2 (Yogesh Kumar) had also supported the prosecution version.
I have gone through the statements of the witnesses and the complaint made by the victim/informant, there is no whisper that anybody has tried to put 'marha' of the victim on fire and learned lower court had not framed the charges for offence punishable under Sections 307, 436 I.P.C.
In above circumstances, I do not find any cogent reason to admit the appeal.
The present criminal appeal is dismissed at the admission stage itself. However, the appellant is at liberty to move application after framing of charges.
Order Date :- 28.10.2021 Jyotsana