Court No. - 50
Case :- CRIMINAL APPEAL No. - 4063 of 2018 Appellant :- Kuldeep And 2 Ors.
Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Ved Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
This appeal has been filed under section 14-A(1) of S.C./S.T. Act against the charge sheet dated 19.4.2018 in Case Crime No.85 of 2018, under sections 323, 504, 506 IPC and 3(1)(d) and 3(1(gha) S.C./S.T. Act and cognizance order dated 17.5.2018 passed by Civil Judge (Junior Division), Shahjahanpur in Case No.956 of 2018 (State Vs. Kuldeep and others).
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
Learned counsel for the appellants contends that the appellants have been falsely implicated in the F.I.R. lodged by respondent no.2 on 18.3.2018 against the appellants and Sanjiv; that the entire prosecution story is absolutely false and incorrect; that the appellants neither abused the respondent no.2 or his family members nor committed marpeet with them; that the real fact is that the Khadanja was being laid at the Chak Road and it is wrong to say that upon measurement by the team of District Magistrate the area of agricultural field of respondent no.2 was found to have been encroached by the appellants or their brother; that the Investigating Officer has not investigated the matter correctly and submitted charge sheet against the appellants exonerating Sanjeev, who was also named in F.I.R.; that the learned trial court without considering the material on record has passed the impugned cognizance order in mechanical manner; that the impugned order is liable to be set aside.
Per contra, learned AGA submitted that in the incident in question the appellant abused the respondent no.2 and his family members, who belong to schedule caste and committed marpeet with them, resulting in multiple injuries to family members of respondent no.2 Pappu brother, Mamta sister-in-law and Deepa wife of first informant; that in their statements under section 161 Cr.P.C. at Annexure Nos.3 and 4, the first informant and injured persons have fully corroborated the prosecution version and abusing them with caste name by the appellants; that the Investigating Officer has completed the investigation correctly and the learned trial court after going through the material on record has rightly taken cognizance of the offence; that the appeal has been filed just to delay the trial.
Upon hearing parties counsel and perusal of record, I find that learned counsel for the appellants has failed to show any illegality, irregularity or incorrectness in the impugned order. The appeal is devoid of merits and has no force and is liable to be dismissed.
The appeal is dismissed accordingly.
Order Date :- 31.7.2018 Tamang