Allahabad High Court
State Of U.P. vs Vinai Kumar on 27 September, 2023
Bench: Surya Prakash Kesarwani, Nand Prabha Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:188390-DB
Court No. - 42
Case :- GOVERNMENT APPEAL No. - 12 of 1984
Appellant :- State of U.P.
Respondent :- Vinai Kumar
Counsel for Appellant :- A.G.A.
Counsel for Respondent :- Murlidhar,Chandra Kant Jha,Rajesh Kumar Mishra,S.N.Singh
WITH
Case :- CRIMINAL APPEAL No. - 2907 of 1983
Appellant :- Vinay Kumar And Another
Respondent :- State of U.P.
Counsel for Appellant :- H.C.Rastogi,Rajesh Kumar Mishra
Counsel for Respondent :- A.G.A.
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard Smt. Manju Thakur, learned A.G.A. for the appellant in Government Appeal No.12 of 1984 and for the opposite party in the connected Criminal Appeal No.2907 of 1983. Also heard Sri Chetan Chaterjee, learned counsel (amicus curiae) for the accused opposite party No.1 in the Government Appeal and for the appellant No.1 in the connected Criminal Appeal.
We have carefully perused the original record and the impugned judgment.
We find that the first information report was lodged by the wife against her husband. From the evidence of PW-1, PW-2 and PW-3, it is evident that a small quarrel took place between husband and wife on account of delay in preparation of tea and it is merely in the heat of passion that the victim was hit by a small fire wood, which resulted in some injury caused to her. No evidence could be led by the prosecution which may prove guilt of the accused persons for offence under Sections 308 and 326 I.P.C. Therefore, acquittal of the accused under Sections 308 and 326 I.P.C. cannot be interfered with.
So far as the conviction of the accused under Sections 323 and 325, I.P.C. is concerned, we find that sufficient evidence was led by the prosecution to prove the guilt of the accused-opposite party No.1 under Sections 323 and 325 I.P.C.
This appeal is pending in this court from last 40 years. The accused opposite party No.2 in the government appeal and accused appellant No.2 in the aforesaid criminal appeal, namely Smt. Vinita has died on 08.05.2021 and the government appeal and criminal appeal qua her were abated by order dated 19.09.2023.
Considering the facts and circumstances in its entirety and the finding recorded by the trial court in the impugned judgment that relationship between the accused and the complainant as husband and wife is subsisting, we do not find any good ground to interfere with the impugned judgment and order dated 20.10.1983 in Session Trial No.393/1981 (State Vs. Vinay and Smt. Vinita) arising out of Case Crime No.56/1980, P.S. Anwala passed by the IVth Additional Sessions Judge, Bareilly.
For all the reasons aforestated, the aforesaid government appeal as well as criminal appeal, both are dismissed.
Order Date :- 27.9.2023
NLY
