Triveni Sahai Pandey vs State Of U.P. And Others
2022 Latest Caselaw 8260 ALL

Citation : 2022 Latest Caselaw 8260 ALL
Judgement Date : 27 July, 2022

Allahabad High Court

Triveni Sahai Pandey vs State Of U.P. And Others on 27 July, 2022

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL REVISION No. - 234 of 2006
 

 
Revisionist :- Triveni Sahai Pandey
 
Opposite Party :- State of U.P. and Others
 
Counsel for Revisionist :- S.P.Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present revision under section 397 Cr.P.C. readwith section 401 Cr.P.C has been filed impugning the Judgment and Order dated 31-03-2006 passed by the learned Additional Sessions Judge(F.T.C.) Gonda, in Sessions Trial No. 206 of 2003, arising out of Case Crime No. 278 of 2001, under section 304 I.P.C., Police Station-Kotwali Dehat, district-Gonda.

2. The accused, who are respondents herein, were convicted for the offence under section 304 I.P.C. and sentenced for ten years rigorous imprisonment with fine of Rs. 5,000/- each.

3. The present revision has been filed for enhancement of the sentence.

4. It is said that an application under section 216 Cr.P.C. came to be filed for alteration of charge of Section 304 I.P.C. to Section 302 I.P.C. However, the same was not disposed of and the trial got concluded. The incident took place on 12-12-2001.

5. It is alleged that the father of the complainant, Hira Lal Pandey, was assaulted by the respondents while he was coming back from the court on the date of the incident i.e. on 12-12-2001. As a result of the injuries caused in the incident, the deceased died while being treated in the hospital. An F.I.R. was registered under Section 304 I.P.C. readwith Section 34 I.P.C. Even chargesheet was filed for the said offence.

6. The trial court after considering the evidence on record was of the opinion that mens-rea for committing the murder of the deceased was not present in the accused and therefore, it convicted for the offfence under section 304 I.P.C. readwith section 34 I.P.C. for which the accused have been sentenced to undergo 10 years rigorous imprisonment with a fine of Rs. 5,000/-each.

7. Considering the fact that the incident took place 21 years before and the accused were sentenced for ten years rigorous imprisonment, this court does not find at this stage to alter the sentence for the offence under section 304 I.P.C.

8. This revision has no merit, which is hereby dismissed.

Order Date :- 27.7.2022

AKS