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IN THE HIGH COURT OF ALLAHABAD
Siddharth, J.
Satish Babu and Others – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal Nos. 1826 & 1994 of 2004
Decided On : 31-01-2020
Indian Penal Code, 1860 – Sections 147, 504, 506(2), 308, 323, 325, 149 – Code of Criminal Procedure, 1973 – Section 313 –Informant on account of his prosperity other villagers harbour jealously against him – They keep on plotting against appellant for beating him – Marriage of his younger brother was fixed and in morning accused, threatened his brother, of life by pointing country made pistol on his chest but because of marriage ceremony in house they kept quiet –After seeing off relatives, members of his family were sitting in house for dinner when accused along with others came to his house –One had gun in his hand and other persons were armed with lathi and farsa – Made blow on his head by butt of gun and all accused’s started saying that today they will kill him – He cried for help and then many villagers came and saved him –Accused after beating him and hurling abuses ran away – FIR was registered –Trial court found that offences under Sections 323 and 325 IPC are not made out against accussed and as such acquitted them of charges under aforesaid sections – However they have been punished for committing offences under Sections 147, 504, 506 (2), 308/149 IPC. – Held, No internal damage in brain of injured was found by doctor –Utensils utilized by halwai while preparing food for large number of persons are mostly of heavy metals and have different type of edges and by abruptly falling on such utensils injury on head can occur –Court find that at most offence under Section 308 IPC was made out against accused, but on account of non-consideration of defense of accused under Section 313 Cr.P.C., same can also not been sustained –Judgment and order of this trial court is set aside – Criminal Appeal Allowed. (Paras 28 to 31)
Facts of Case:
Informant on account of his prosperity other villagers harbour jealously against him – They keep on plotting against appellant for beating him – Marriage of his younger brother was fixed and in morning accused, threatened his brother, of life by pointing country made pistol on his chest but because of marriage ceremony in house they kept quiet –After seeing off relatives, members of his family were sitting in house for dinner when accused along with others came to his house –One had gun in his hand and other persons were armed with lathi and farsa – Made blow on his head by butt of gun and all accused’s started saying that today they will kill him – He cried for help and then many villagers came and saved him –Accused after beating him and hurling abuses ran away – FIR was registered –Trial court found that offences under Sections 323 and 325 IPC are not made out against accused and as such acquitted them of charges under aforesaid sections – However they have been punished for committing offences under Sections 147, 504, 506 (2), 308/149 IPC.
Findings of Court:
No internal damage in brain of injured was found by doctor – Utensils utilized by halwai while preparing food for large number of persons are mostly of heavy metals and have different type of edges and by abruptly falling on such utensils injury on head can occur –Court find that at most offence under Section 308 IPC was made out against accused, but on account of non-consideration of defense of accused under Section 313 Cr.P.C., same can also not been sustained –Judgment and order of this trial court is set aside.
Result: Criminal Appeal Allowed
JUDGMENT :
1. Heard Sri Rajjan Singh Yadav, learned counsel for the appellants in Criminal Appeal No. 1826 of 2004 and Sri Ram Suphal Shukla, learned counsel for the appellants in Criminal Appeal No. 1994 of 2004 and Sri S.S. Tripathi, learned Additional Government Advocate appearing on behalf of State in both the appeals and perused the lower court record.
2. Criminal Appeal No. 1826 of 2004 has been preferred by Satish Babu, Jagat Narain, Kunwar Bahadur, Desh Raj, all sons of Raja Ram and Bharat @ Bhartendra Babu son of Desh Raj against the judgment and order dated 11.03.2004 and order dated 23.03.2004 passed by Additional Sessions Judge/ Fast Track Court, Auraiya in S.T. No. 212 of 2002.
3. Criminal Appeal No. 1994 of 2004 has been preferred by Krishna Swaroop son of Raja Ram and Rohit son of Desh Raj, against the common judgment and order dated 11.03.2004 and order dated 23.03.2004 passed by Additional Sessions Judge/ Fast Track Court, Auraiya, in S.T. No. 212 of 2002.
4. The appellants in both the appeals have been convicted and sentenced under Section 147 IPC for two years rigorous imprisonment and a fine of Rs. 10,000/-each; under Section 504 IPC to two years rigorous imprisonment each; under Section 506(2) IPC to six months rigorous imprisonment and fine of Rs. 2,000/-each and under Section 308/149 IPC to three years rigorous imprisonment and fine of Rs. 2,000/- each. All the sentences have been directed to run concurrently. Both the appeals arise out of common trial.
5. The prosecution case is that the informant is resident of Napur and is employed in Bank of Indore, branch-Kachnav Kala, District-Bhind. On account of his prosperity the other villagers harbour jealously against him. They keep on plotting against the appellant for beating him. Marriage of his younger brother was fixed 07.03.2000 and in the morning accused, Rohit son of Desh Raj, threatened his brother, Hari Mohan, of life by pointing a country made pistol on his chest but because of the marriage ceremony in the house they kept quiet. On 09.03.2000 after seeing off relatives, the members of his family were sitting in the house at 09:20 p.m. for dinner when Rohit son of Desh Raj along with Jagat Singh, Krishna Swaroop, Kunwar Bahadur, Satish Babu, Desh Raj, all sons of Raja Ram and Bharat son of Desh Raj came to his house. Bharat had gun in his hand and other persons were armed with lathi and farsa. Satish Babu and Jagat Narayan caught hold of his hand and Bharat son of Desh Raj made blow on his head by the butt of the gun and all the accused’s started saying that today they will kill him. He cried for help and then Ashwani Kumar son of Ramphal Dohrey and Hoti Lal resident of Purwa Adot and many other villagers came and saved him. The accuseds after beating him and hurling abuses ran away.
6. Report of this incident was registered at Police Station on 09.03.2000 as Case Crime No. 100 of 2000, under Sections-147, 323, 504, 506 IPC. The injuries of the informant were examined by the doctor and he was referred for x-ray of his head. Fracture was found on the head of the informant, Narendra Chaudhary. The Investigating Officer after investigation submitted charge sheet and charges under Sections-147, 323, 325, 504, 506 and 308 IPC were framed by the trial court. The accuseds denied the charges and sought trial.
7. P.W-1, Narendra Chaudhary, the informant of the case, in his examination-in-chief repeated the allegations mentioned in the FIR. In his cross-examination P.W-1 admitted that he is not aware on which post accused, Satish, is employed in police force. Accused, Jai Narain, is employed in P.A.C. He does knows where accsueds, Kishan Swaroop, Kunwar Bahadur and Bharat are employed. He admitted that the house of the accuseds are after the ten feet street near his house. He stated that his family takes water from well and public tap which is situated on the gate of Jagannath. Thereafter he stated that the aforesaid tap is situated on the gate of the accuseds but h
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