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2014 DAILYLAW 149 (ALL)

State of U. P. v. Nathu

2014-01-13

KALIMULLAH KHAN, RAKESH TIWARI

body2014
JUDGMENT Heard learned A.G.A. for the appellant State, Sri S.P.S. Parmar and Sri Ved Prakash Dwivedi appearing for the accused respondents and perused the record. 2. This Govt. Appeal has been preferred against the judgment and order dated 113.12.1984 passed by the Special Judge, Varanasi in S.T. No. 259 of 1981, State Vs. Nathu and another, whereby the trial court has acquitted accused respondents Nathu son of Jiut , resident of Kashi Vidya Peeth, P.S. Chetganj, Varanasi and Mohan son of Ram Sewak, resident of Chandha Holipura, P.S. Chetganj, Varanasi, of the charge under section 307 IPC. 3. There is nothing on record to disbelieve the prosecution witnesses on facts. The findings of acquittal recorded by the trial court is perverse. 4. During the course of arguments, learned counsel for the parties confined their arguments mainly on two points, firstly that even if the prosecution evidence is taken to be correct for a moment, the offence under section 307 IPC is not made out for want of grievous or fatal injury on the person of injured Banwari. According to learned counsel for the accused respondents, maximum offence is constituted under section 324 IPC which provides the maximum punishment for a term which may extend to three years or with fine or with both, and secondly that indisputably the impugned order of acquittal was passed on 13.12.1984 and the accused respondents were facing trial since 1980. Since then more than 32 years have elapsed and now the accused respondents have attained age in between 65 -67, therefore, this fact may also be taken into account while deciding the case. 5. Perusal of the record shows that there is no evidence on record that the injuries sustained by the injured were grievous or dangerous to life. No doubt the injuries were caused by Lathi and knife and seat of the injuries were on head and also on back of the chest, therefore, in the facts and circumstances of the case, we hold that offence punishable under section 324 IPC is made out against both the accused respondents and the impugned judgment and order deserves to be reversed. True it is that more than 32 years have elapsed and no useful purpose would be served by sending the respondents to jail and ends of justice would be met if accused respondents- Nathu son of Jiut, resident of Kashi Vidya Peeth, P.S. Chetganj, Varanasi and Mohan son of Ram Sewak, resident of Chandha Holipura, P.S. Chetganj, Varanasi, are punished for offence under section 324 IPC by sentencing them for the period of imprisonment already undergone with fine of Rs. 20,000/- each. The amount of fine shall be deposited by the accused respondents with the Chief Judicial Magistrate, Varanasi within a period of two months from today. In case of default in payment of the fine within the time allowed by this Court, the accused respondents shall further undergo simple imprisonment for a period of six months. The amount of fine so deposited with the C.J.M., shall be paid to the victim-Banwari, son of Ram Sahai Yadav, resident of Chanduwa Habibpur, P.S. Chetganj, district Varanasi. In case he is dead, the same shall be paid to his heirs within one month from the date of its deposit. The impugned judgment and order are accordingly modified. 6. For the reasons stated above, the Government appeal stands finally disposed of as above. 7. Let a copy of this judgment be sent to the C.J.M., Varanasi within three days to ensure its compliance.