- (1.) THE instant criminal appeal has been preferred challenging the judgment and order dated 22.12.2010 passed by the learned Special Judge, SC/ST (P.A.) Act/F.T.C. No. 6 Hardoi in Sessions Trial No. 883 of 2005, arising out of Case Crime No. 316 of 2004, Police Station Sandi, District Hardoi, whereby the appellants were convicted for the offence under Sections 323, 504 and 506 I.P.C. and 3 (1)(x) of the SC/ST Act. For the offence under Section 323 I.P.C. they were sentenced to undergo imprisonment for a period of six months. For the offence under Section 504 I.P.C., the appellants were sentenced to undergo imprisonment for a period of one year and similar imprisonment was imposed for the offence under Section 506 I.P.C. However for the offence under Section 3 (1)(x) of the SC/ST Act, he was sentenced to undergo imprisonment for a period of two years and also with fine of Rs. 500/ - with default stipulation of two months simple imprisonment.
(2.) THE incident of this case is alleged to have taken place on 14.5.2004 and F.I.R. of this case was lodged on 27.7.2004 at 10:15 a.m. on an application addressed to Human Rights Commission, New Delhi, which was sent on 3.6.2004.
(3.) IN brief the case of the prosecution was that on 14.5.2004 at about 12:00 noon, when complainant Amar Pal crossed the river on foot then the appellants caught hold of the cycle of the complainant and said that they are plying boat on contract so they shall charge money for crossing the river and made an attempt to snatch the cycle of the complainant. When the complainant refused to give cycle then appellant Bhaiyya Lal gave a blow with Tabbal and other persons also belabored him with kicks and fists. Hearing the noise, Kartar Singh and Ram Narayan and other persons reached there and appellants went away from there extending threats of dire consequences. The complainant went to lodge the F.I.R. but instead an N.C.R. No. 73 of 2004 was written down. He was given letter for his medical examination. Copy of the N.C.R. was not given to him. The complainant got himself medically examined. In the medical examination, two injuries were found on his body. When the complainant made an effort to get his case converted under the SC/ST Act then the police turned him out from the police station. Thereafter he sent an application to Human Rights Commission, New Delhi and on this application, the case was registered on 27.7.2004. In the application moved to the Human Rights Commission, New Delhi, seven persons were made accused. On the basis of this application, case was registered. Investigation proceeded, and after investigation, the police has submitted charge sheet only against the present three appellants and case against remaining four accused persons was found to be false. The case of the defence was that they have been falsely implicated in this case due to enmity and village party -bandi and the witnesses have deposed against them due to enmity.;