Court No. - 67
Case :- CRIMINAL APPEAL No. - 7814 of 2019 Appellant :- Vijayi Respondent :- State Of U.P. And 2 Ors. Counsel for Appellant :- Hiralal,Gokul Prasad Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard SRi Hiralal, learned counsel for the appellant and learned AGA for the State.
This criminal appeal is being preferred under Section 14(A)(1) SC/ST Act challenging the order dated 05.10.2019 passed by learned Special Judge, SC/ST Act, Chandauli, in S.T. No. 03 of 2018 arising out of case crime no. 102 of 2015, under Section 323, 504, IPC and Section 3(1)(10) SC/ST Act, P.S. Shahabganj, District Chandauli, whereby recorded acquittal order of opposite party nos. 2 and 3.
I have gone through the impugned order, in paragraph 51 of the impugned order, there is clear finding that caste related derogatory words used inside the house and not in public view. Not only this, the injuries under Section 323 IPC which were examined on next date are simple in nature. Since it is not in public view and the essential ingredient of Section 3(1)(10) SC/ST Act is not applicable in this case.
I have gone through the judgement impugned carefully and finds that the findings recorded is well supported by the prosecution witnesses. The judgement based on sound reasoning and fortified by the law. The judgement do not suffer any vice of law or the fact. I do not find any good reason to upset the result of acquittal recorded by the learned trial judge.
No interference with the impugned judgment and order of acquittal is warranted.
Accordingly the appeal is hereby rejected.
Order Date :- 18.12.2019 Abhishek Sri.