State Of U.P. vs Santosh Kahar And Ors.
2023 Latest Caselaw 8035 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 378 No. - 159 of 2016
 

 
Applicant :- State of U.P.
 
Opposite Party :- Santosh Kahar And Ors.
 
Counsel for Applicant :- Govt. Advocate
 

 
Hon'ble Brij Raj Singh,J.

This criminal misc. application for leave to appeal under Section 378 CrPC has been filed by the State to challenge the judgment and order dated 9.5.2016 passed by the Additional Sessions Judge, Court No.2, district Sitapur in S.T. No.326/2011, case crime No.139 of 2010 under Section 323/504/506 IPC and Section 3 (1) (10) SC/ST Act, PS Kotwali, district Sitapur whereby, the answering accused respondents have been acquitted of the charges levelled against them.

The complainant lodged FIR on 20.12.2009 at 12.30 p.m. in which it is mentioned that the accused respondents used to spit in front of the house of the complainant which was opposed by her. It is mentioned in the FIR that due to opposition of the complainant, there was enmity between the parties and on the date of incident, she was beaten by kicks and fists by the accused respondents. The report was lodged under Section 323, 504, 506 IPC at PS Kotwali City, district Sitapur, NCR No.405 of 2009.

After report, the case was investigated and chargesheet was filed under Section 323, 504, 506 IPC and Section 3 (1) 10 SC/ST Act and the case was committed to Sessions Court and charges were framed.

The prosecution had produced PW-1, Smt. Rajeshwari, PW-2 Rakesh Kumar, PW-3 Abishek Verma, PW-4 Shishpal Singh- Investigating Officer and PW-5 Dr. A.K. Arya.

The accused respondents were confronted under Section 313 CrPC. They denied the prosecution case and they have further submitted that the son of the complainant Rakesh had molested the sister of the accused Santosh and the said case is pending. It has been submitted under Section 313 CrPC that out of the enmity of the said case, the present FIR has been lodged and colour of SC/ST Act has been given against the accused respondents. The trial Court adduced the evidence on recorded and acquitted the accused respondents, vide judgment and order dated 9.5.2016.

After going through the record, it is evident that PW-3 Abhishek Verma has not supported the prosecution case who is independent witness. He has specifically stated that he had not seen that the complainant Smt. Rajeshwari was beaten by the accused respondents. PW-1 Smt. Rajeshwari and PW-2 Rakesh Kumar both are interested witnesses. PW-5 Dr. A.K. Arya has mentioned that the injury which is shown against the injured, can be made by scratching through nail. The doctor has further opined that the said injury cannot be caused by lathi and danda and there is no injury of kicks and fists. Thus, the medical report also does not support the case of the prosecution. It may be noted that the criminal case between the parties is also pending and there is possibility that the respondents accused may be falsely implicated.

Looking into the entire facts and circumstances of the case, nature of injury, the statement of doctor's report, I am of the view that the acquittal order passed by the Court below need not call for interference by this Court.

Accordingly, the leave to appeal is rejected.

Since the leave to appeal is rejected, the appeal is also dismissed.

Order Date :- 20.3.2023

Rajneesh JR-PS)