Back
IN THE HIGH COURT OF ALLAHABAD
Ram Krishna Gautam, J.
Smt. Sangeeta Jain – Appellant
Versus
State Of U.P. – Respondent
Criminal Appeal No. 3184 of 2018
Decided On : 20-08-2019
Code of Criminal Procedure,1973 – Sections 374(2) – Indian Penal Code,1860 – Sections 307, 504 – Conviction –Appeal -Criminal cases are to be decided on facts and evidence laid in above case, other than on case laws as precedents. No two cases can be of one and common facts and each case is to be decided on the basis of evidence led and facts involved in above case
Facts of the case :
This appeal has been filed by Smt. Sangeeta Jain, against State of U.P., against judgment of conviction and sentence therein, passed State of U.P. Vs. Sangeeta Jain, arising out of Case Crime Nehtore, District Bijnor, by Court Additional Sessions Judge, Bijnor, whereby sentence of seven years' R.I. and fine of Rs. 5000/-and in default one month's additional imprisonment.
Finding of the court:
Conviction and sentence awarded by the Trial Judge vide impugned judgment of conviction and sentence made therein is hereby set aside – The convict-appellant Smt. Sangeeta Jain is being convicted for offence punishable under section 323 I.P.C. for which she is being sentenced to six months simple imprisonment with fine of Rs. 500/-and in default fifteen days additional simple imprisonment, with a direction for adjustment of previous imprisonment, if any, in this case crime number – The convict-appellant is on bail – She shall surrender before the Trial Judge within one month from today – The Trial Judge will amend the warrant of conviction and sentence accordingly – Follow up shall be taken by learned Trial Court Judge.
Result: Order Accordingly
JUDGMENT :
1. This appeal u/s 374(2) of Code of Criminal Procedure (hereinafter referred to be Cr.P.C.) has been filed by Smt. Sangeeta Jain, against State of U.P., against judgment of conviction and sentence therein, passed in S.T. No. 382 of 2016, State of U.P. Vs. Sangeeta Jain, arising out of Case Crime No. 5 of 2016, u/s 307, 504 I.P.C., P.S. Nehtore, District Bijnor, by Court no. 2 of Additional Sessions Judge, Bijnor, whereby sentence of seven years' R.I. and fine of Rs. 5000/-and in default one month's additional imprisonment for offence punishable u/s 307 I.P.C. with one year's R.I. and fine of Rs. 1000/-and in default additional imprisonment of one week, for offence punishable u/s 504 I.P.C., was awarded against convict-appellant Sangeeta Jain, with a direction for concurrent running of sentences and adjustment of previous sentence, if any, on the ground that the impugned judgment of conviction and sentence was against facts and evidence placed on record. Convict-appellant was innocent and there was no evidence on record against her. But the impugned judgment of conviction and sentence, as above, was awarded. Convict-appellant was an issueless lady. She could not conceive, resulting her expulsion from the house of her husband and in-laws. This report was got lodged after a delay of 5-6 days and this delay was never explained, even then the impugned judgment of conviction was passed and sentence, as above, was awarded. Hence this appeal with prayer for setting aside impugned judgment of conviction and sentence made therein, with a further prayer of acquittal of charges.
2. From the very perusal of record of trial court, it is apparent that case crime No. 5 of 2016 u/s 307, 504 I.P.C. was got lodged at 21.30 hours of 11.1.2016 at P.S. Nehtore, upon written report of informant-complainant Sandeep Kumar Jain, against his wife Sangeeta Jain with this contention that Sangeeta Jain, with intention to kill her mother-in-law Smt. Rajrani Jain, on 5.1.2016 attempted to commit her murder by strangulating and assault by penetration of some pointed substance over her head and waist. Attempt was made for electrocuting and burning her by hot water. She was often assaulting with abuse to informant and his mother. An attempt to kill informant was previously made. Hence this report (Ext. Ka1), under scribe and signature of informant Sandeep Kumar Jain, was submitted. Chick F.I.R. (Ext. Ka5) was lodged. Investigating Officer, PW7 Nandan Singh Bisht, visited spot on 12.1.2016, took in possession electric immersion rod with wire and stone grinder (Sil ka batta) and blood stained clothes, lying on the spot, by preparation of recovery memo (Ext. Ka4). CCTV footage was taken in custody, spot map of place of occurrence (Ext. Ka9) was prepared and after investigation Charge sheet (Ext. Ka10) was filed against Smt. Sangeeta Jain.
3. Injured Rajrani (PW2) was taken at Primary Health Centre, Nehtore, Bijnor, where Dr. Gulshan Babu Katariya (PW5) Medical Officer incharge, P.H.C., Nehtore, examined the injured Rajrani, aged about 62 years, w/o Shreyansh Jain, R/o Mohalla Sabzi Mandi, P.S. Nehtore, Bijnor, wherein she was found to be with following injuries:-
2. Contusion 7 x 2 cm on right side back of waist, 2 cm below inferior angle of right scapula.
3. Contusion 8 x 2 cm on lower part of L1 vertibra.
4. Lacerated wound 2 x 1 cm x bone deep on right side of parietal region. Kept under observation.
5. Complaint of pain over chest.
6. Contusion 5 x 2 cm on left lower rib. Kept under observation.
In his opinion all injuries were simple except injury nos. 4, 5 and 6. They all were of hard blunt object and were of one day old i.e. of about 1.30 P.M. of 5.1.2016 likely to be caused by stone grinder (sil ka batta). Patient was referred for x-ray examination for injuries 4, 5 and 6. Injury no. 4 was over skull and bone deep, which may be dangerous to life. Medico legal report
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
