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2020 Supreme(All) 1340
IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Virendra Kumar Srivastava, J.
Rizwan - Appellants
Vs.
State of Uttar Pradesh - Respondent
Criminal Appeal No. 821 of 2018
Decided On : 16-06-2020
For the Appellant : Dharm Trivedi
For the Respondents: G.A.
Headnote:
Indian Penal Code - Section 307 and 326 - Criminal Procedure Code, 1973 - Section 374(2) - Rigorous imprisonment – Claim of compensation – Condo nation of delay - Whether injuries was grievous or sufficient to cause death of PW-2 because according to injury report as well as X-ray report all injuries were simple in nature - In brief is that a written information was filed by PW-1 resident of village at police station mentioning therein that his daughter PW-2 to her school Nagar when on way to her school appellant intercepted and asked her to follow him - It is further stated that when she denied to follow appellant he attacked on her with knife and caused severe injury to her whereupon she fell down at place of occurrence - On being informed by someone he rushed to place of occurrence with his wife PW-3 and one PW-4 and found that his daughter PW-2 was groaning in pool of blood and appellant was causing injuries with knife - It is further stated that upon seeing informant and other witnesses appellant escaped from place of occurrence throwing the knife - Upon said written information FIR was prepared information was entered and case crime was registered against appellant - Investigation of said case was handed over to PW-2 was sent to District Hospital for her medical examination - She was examined by Emergency Medical Officer District Hospital who noted following injuries on her body and prepared injury report – Held, In court considered view proper and appropriate sentence to accused is bounded obligation and duty of the court - Endeavour of court must be to ensure that accused receives appropriate sentence in other words sentence should be according to gravity of the offence - These are some of relevant factors which are required to be kept in view while convicting and sentencing accused - Coming to this case again record shows that occurrence was happened and statement of appellant under Section-313 of Code was recorded before the learned trial Court wherein he disclosed which means that at time of occurrence - Further from perusal of medico-legal report X-ray report and discharge slip it transpires that although injuries were inflicted on vital part of body of PW-2 but none of them was found as grievous - In addition to above she was discharged from hospital - Appellant as submitted by his learned counsel is poor illiterate having no criminal history is languishing in jail for more than eight years whereas the alleged occurrence would have taken place on spur of moment - Looking into facts and circumstances of case conviction of appellant under Section-307 and under Section-326 IPC is maintained and it requires no interference but in view of law laid down by Hon'ble Supreme Court sentence of ten years rigorous imprisonment for offence under Section-307 IPC and sentence of ten years rigorous imprisonment for offence under Section-326 IPC is reduced to rigorous imprisonment for eight years for each offences - Both the sentences shall run concurrently - Period of sentence undergone by appellant shall be set-off as per provision of Section-428 of Code but fine awarded by learned trial Court requires no interference and it is maintained - Appeal is partly allowed
JUDGMENT :
Virendra Kumar Srivastava, J.
1. The instant criminal appeal, under section 374(2) Criminal Procedure Code, 1973 (hereinafter referred to as 'Code'), has been filed against the judgment and order dated 29.3.2018, passed by learned Additional Sessions Judge, Court No. 1, Kheri in Sessions Trial No. 793 of 2012, arising out of case crime no. 1787 of 2012, under Section 307 and 326 IPC, police station (in short P.S.)-Kotwali Sadar, District- Lakhimpur Kheri, whereby the accused-appellant Rizwan (hereinafter referred to as 'Appellant') has been convicted and sentenced for ten years' rigorous imprisonment and fine of Rs. 7,500/- for offence under Section-307 IPC and for rigorous imprisonment of ten years and fine of Rs. 7,500/- for an offence under Section-326 IPC. All the sentences were directed to run concurrently.
2. Prosecution case, in brief, is that a written information (Ext. Ka-1) was filed by Pramod Kumar Verma (PW-1), son of Bhagauti Prasad, resident of village Bechepurwa, Hamlet Maksoha, P.S-Kotwali Sadar, District-Kheri on 04.9.2012 at about 09:30 a.m. at police station (in short P.S.) Kotwali Sadar, District-Kheri, mentioning therein that his daughter Kumari Rekha (PW-2) aged about 17 years was going on 04.9.2012 at about 08:00 a.m., to her school Sharda Nagar when on the way to her school appellant intercepted and asked her to follow him. It is further stated that when she (PW-2) denied to follow the appellant, he attacked on her with knife and caused severe injury to her whereupon she fell down at the place of occurrence. On being informed by someone, he (informant) rushed to the place of occurrence with his wife Rinki Devi (PW-3) and one Sushil Kumar (PW-4) and found that his daughter (PW-2) was groaning in pool of blood and appellant was causing injuries with knife. It is further stated that upon seeing the informant and other witnesses the appellant escaped from the place of occurrence throwing the knife.
3. Upon the said written information (Ext. Ka-1) FIR, chik report (Ext. Ka-2) was prepared; information was entered in G.D. report no. 25 (Ext. Ka-3) at 09:30 a.m. and case crime no. 1787 of 2012 was registered against the appellant. Investigation of the said case was handed over to S.I. Ram Swarth and Kumari Rekha Verma (PW-2) was sent to District Hospital Lakhimpur Kheri for her medical examination. She (PW-2) was examined by Emergency Medical Officer, District Hospital, Lakhimpur- Kheri on 04.9.2012 at 09:50 a.m. who noted the following injuries on her (PW-2) body and prepared injury report (Ext Ka-5):-
"1. Incised wound of 6 cm x 0.5 cm x scalp deep on left side of head 6 cm above left ear tailing anteriorly.
2. Incised wound of 6.5 cm x 1.5 cm x Muscle deep on right side of neck, upper part touching ear tailing towards back.
3. Incised wound of 3 cm x 0.5 cm x muscle deep on right side of face 2 cm below outer corner of right eye tailing outside.
4. Incised wound of 3 cm x 0.4 cm x muscle deep between nose and upper lip area touching right side of nose tailing right outer side.
5. Incised wound of 1.5 cm x 0.4 cm x muscle deep on right side lower lip 0.5 cm below outer side of right mouth corner.
6. Abrasion of 0.5 cm x 0.4 cm on right lower part of face 3 cm below and away from right mouth corner.
7. Incised wound of 1.5 cm x 0.4 cm x skin deep on left side of chin 3 cm below left corner of mouth.
8. Incised wound of 5 cm x 2.5 cm x muscle deep on left side of back of chest, upper part 5 cm away and back from top of shoulder joint.
9. Incised wound of 1 cm x 0.3 cm x skin deep on back of chest 4 cm below C-7 vertebra.
10. Incised wound of 1 cm x 0.3 cm x skin deep on inner side of thumb of left hand in the proximal phalynx."
4. It is further noted by the doctor that all the injuries were caused by sharp edged weapon except injury no. 6, which was caused by friction of hard object and all injuries were fresh in duration. Injury no. 1, 2, 3 and 8 were kept under observation and X-ray was advised whereas rest in
