CRIMINAL APPEAL No. 74 of 2005 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 74 of 2005 Dev Nath Singh .....Appellant(s) Versus The State Of U.P. .....Respondent(s) Counsel for Appellant(s) : Vijay Pratap, Baljeet Singh, J.P. Yadav Counsel for Respondent(s) : Govt.Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Baljeet Singh, learned counsel for appellant and Mr. Vishwas Saraswat, learned Additional Government Advocate for opposite party/State. 2. Criminal Appeal has been filed against judgment and order dated 09.12.2004 passed by Special/Additional Sessions Judge (SC/ST Act), Bahraich in Sessions Trial No. 484 of 1997 (State of U.P. v. Dev Narain Singh and another) arising out of Case Crime No. 78 of 1994 under Sections 323, 504, 506, 452 IPC and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [here-in-after referred to as 'SC/ST Act'], convicting appellant under Section 3(1)(x) of SC/ST Act, sentencing him for six months' rigorous imprisonment with a fine of Rs.500/- with a stipulation that in default of payment, he will have to undergo 3 months' additional imprisonment. 3. As per prosecution case, incident is said to have taken place o