Allahabad High Court
Smt Poonam vs State Of U.P. And 5 Others on 5 November, 2024
Bench: Siddharth, Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:172441-DB
Court No. - 48
Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 452 of 2024
Appellant :- Smt Poonam
Respondent :- State Of U.P. And 5 Others
Counsel for Appellant :- Mandvi Tripathi,Santosh Tripathi
Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Hon'ble Subhash Chandra Sharma,J.
1. Heard Sri Santosh Tripathi, learned counsel for the appellant; Ms. Manju Thakur, learned AGA-I for the State and perused the material on record.
2. This criminal appeal under Section 372 Cr.P.C. has been filed against the judgement and order dated 30.7.2024 passed by District & Sessions Judge, Fast Track Court No.2, Baghpat in S.T. No. 138 of 2021 (State of U.P. vs. Sri Chand & others) Case Crime No.345 of 2019 under sections 147, 148, 323/149, 336/149, 307/149, 504 & 506 I.P.C. at Police Station Binauli, District Baghpat, whereby Sessions Judge acquitted the accused/respondents namely Sri Chand, Mohit, Ankit and Prince for committing offences under sections 307, 336, 504, 506, 147, 148 & 149 I.P.C. and accused/ respondent, Sunil, for committing offence under sections 147, 148, 323/149, 336/149, 307/149, 504 & 506 I.P.C. in S.T. No. 138 of 2021 (State of U.P. vs. Sri Chand & others) Case Crime No.345 of 2019 at Police Station Binauli, District Baghpat and further Sessions Judge convicted the accused/ respondents, namely, Sri Chand, Mohit, Ankit & Prince for committing offence under section 323 I.P.C. for the period undergone in jail and a fine of Rs.1000/- each and two months additional imprisonment in default of payment of fine.
3. The prosecution case in short is that respondent nos. 2 to 6 assaulted the husband of appellant, Ashok Kumar, as a result of which he suffered following injuries:-
i. A L.W. (lacerated wound) 8cm X 0.5cm are Rt. parietal region of skull 9cm above ear KUO.
ii. C/O pain Rt. side chest.
iii. C/O loosening of Lt. lower I molar KUO
iv. An abrasion 2cm X 0.5cm over Rt. palmar region @ Rt. thumb.
4. Opinion of doctor is as follows:-
"Injury nos. 1, 2 & 4 is simple in nature thumb caused by injury (4) some friction against rough surface. Injury 1 & 3 are KUO & refer to DCH Baghpat & further management."
5. The trial court has considered the entire prosecution case and has found that the implication of respondent nos. 2, 3, 4 & 6, namely, Sri Chand, Mohit, Prince and Ankit, under Sections 307, 336, 504, 504, 147, 148, 149 IPC and implication of respondent no.5, namely, Sunil, under Sections 147, 148, 323/149, 336/149, 307/149, 504 & 506 I.P.C. is not made out. They have been found to have committed offence under Section 323 IPC only and have been punished with fine of Rs.1000/- each and punishment of period of incarceration already undergone in jail.
5. Learned counsel for the appellant has submitted that in the injury report of the injured, injury no.1 was found 9 cm. above his right ear, but the trial court has mentioned it as only 2 cm. above the right ear and therefore, the finding of the trial court is unwarranted and its judgment deserves to be set aside.
6. We have heard learned counsel for the appellant and perused the material on record. We find that the argument of learned counsel for the appellant is correct, but even if his argument is correct, injury no.1 suffered by the husband of the appellant was 9 cm. above right ear, it will not make any difference since injuries suffered by the husband of the appellant were of minor nature and punishment of respondent nos. 2 to 6 under Section 323 IPC by the trial court is justified.
7. The judgement and order of the trial court dated 30.7.2024 is confirmed.
8. This criminal appeal under Section 372 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 5.11.2024
Ruchi Agrahari
(Subhash Chandra Sharma,J.) (Siddharth, J.)
