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ALLAHABAD HIGH COURT
Vishnu Chandra Gupta, J.
Santosh Kumar Shukla -Appellant
Versus
State of U.P. -Respondent
Cri. Appeal No. 348 of 2013
Decided On : 27-01-2014
Criminal Appeal - Conviction under Section 326 IPC and Section 3(2)(5) SC/ST Act - [IPC, Section 326], [SC/ST Act, Section 3(2)(5)] - The court analyzed the evidence and determined that the injury caused did not meet the criteria for grievous hurt under Section 320 IPC, leading to the conclusion that the offense fell under Section 324 IPC instead of Section 326 IPC. The court considered the appellant's lack of criminal history and the nature of the weapon used, resulting in the reduction of the appellant's sentence and fine.
Fact of the Case:
The appellant was convicted under Section 326 IPC for causing grievous injury to the victim. The appellant appealed against the judgment, arguing that the injury did not meet the criteria for grievous hurt.
Finding of the Court:
The court found that the injury did not qualify as grievous hurt under Section 320 IPC, leading to the conclusion that the offense fell under Section 324 IPC instead of Section 326 IPC. The court also considered the appellant's lack of criminal history and the nature of the weapon used.
Issues: The main issue was whether the injury caused by the appellant constituted grievous hurt under Section 326 IPC.
Ratio Decidendi: The court held that the prosecution failed to establish that the injury caused to the victim was grievous, leading to the conclusion that the offense fell under Section 324 IPC instead of Section 326 IPC.
Final Decision: The appellant's conviction under Section 326 IPC was set aside, and the appellant was acquitted from the charges under Section 326 IPC. However, the appellant was convicted under Section 324 IPC and sentenced for the period undergone and a fine. The sentence was reduced to meet the ends of justice.
This Criminal Appeal under section 374(2) Code of Criminal Procedure (in short 'CrPC') has been preferred against the judgement and order dated 20.02.2013 passed by Additional District and Sessions Judge/TECP-2, Lucknow in Sessions Trial No.968 of 2002 having Case Crime No.291 of 2000, under Section 326 Indian Penal Code (in short 'IPC') and Section 3(2)(5) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'SC/ST Act'), P.S. Wazirganj, District Lucknow, whereby the appellant has been convicted and sentenced under Section 326 IPC to undergo rigorous imprisonment for 10 years and fine of Rs.50,000/- and in default of payment of fine one and a half year additional rigorous imprisonment.
2. The facts in brief for deciding this appeal are that Ram Avatar (PW 2) was working as 'Palledar' at the 'Aarhat' of Ranjeetmal Agrawal situated in Pandeyganj grains market, Lucknow. On 14.08.2000 at about 10 pm (night), accused appellant Santosh Kumar Shukla, working as accountant (Munim) in the aforesaid Aarhat asked Ram Avatar to provide wine for him. Ram Avatar (PW 2) refused to provide the same. Thereafter in the intervening night of 14/15.08.2000 when Ram Avatar was sleeping at the campus of Aarhat, the appellant having animus of not providing the wine came in the mid night and assaulted Ram Avatar with a pointed weapon, namely, 'Parkhi' (an instrument use for picking out the contents from close gunny bags for inspection) in the stomach of Ram Avatar and on account of that injury Ram Avatar cried. The incident was witnessed by Dhani Ram and Ramesh, who were also sleeping in the same Aarhat. The accused appellant managed to escape from the place of occurrence. The witnesses admitted Ram Avatar at Balrampur Hospital where he was medically examined and thereafter the incident was reported to the police of Police Station Wazirganj by the brother of injured Ram Avatar, namely, Ramchandra along with medical examination report by a written report (Ext. Ka-1) on 16.08.2000.
3. On the basis of aforesaid written report, a chick report was prepared at 9.15 pm (Ext.5) and the case was registered against the appellant in General Diary (Ext. Ka-6) by the police of P.S. Wazirganj at Case Crime No.291 of 2000, under Section 326 IPC and Section 3(2)(5) SC/ST Act. The injured Ram Avatar was medically examined on 14.08.2000 at 2.50 am in Balrampur Hospital by Dr.H.I. Rizvi, Senior Medical Officer, who found following injuries on the person of the injured as mentioned in medication examination report (Ex.Ka-2):
"Punctured wound 0.8 cm x 0.8 cm x depth not proved on right side of abdomen. 7 cm above umbilicus at 11 O'clock position. Crepitation present around the wound suggestive of surgical emphysema."
4. The injured was admitted in emergency ward and advised for x-ray of stomach. According to Dr. H.I. Rizvi (PW 3), the injury was fresh and the same may be caused by some pointed weapon and likely to be caused at 12.00 O'clock in intervening night of 14/15.08.2000.
5. Investigation of this case was conducted by Jang Bahadur Singh (PW 4) who prepared the site plan (Ext. Ka-3) and submitted the charge sheet (Ext Ka-4). The court below took cognizance and after committal of the case to the court of sessions charges were framed under Section 326 IPC and Section 3(2)(5) SC/ST Act against the appellant. The appellant denied the charges levelled against him and claimed for trial.
6. The prosecution examined the informant Ramchandra (PW 1) who proved the written report submitted by him and supported the prosecution story as narrated in FIR. During trial, PW-1 Ramchandra in examination-in-chief admitted that he is not an eyewitness of this case and what he stated is on the basis of information received by him from the injured Ram Avatar. The injured witness Ram Avatar (PW 2) was also examined during trial, who supported the prosecution case and stated that when he was sleeping in Aarhat, the appellant attacked with Parkhi o
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