Neutral Citation No. - 2025:AHC:124091 Court No. - 81 Case :- CRIMINAL APPEAL U/S 413 BNSS No. - 411 of 2025 Appellant :- Smt. Prabha Devi Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Abhishek Kumar Chaubey,Brijesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Manoj Bajaj,J. Appellant-Smt. Prabha Devi has filed this appeal under Section 413 Bhartiya Nagrik Suraksha Sanhita, 2023 for setting aside the impugned judgment dated 09.04.2025 passed by Judicial Magistrate, Sonbhadra in Case No. 39 of 2021; titled State vs. Saleem alias Ismail and another, arising out of Case Crime No. 111 of 2020, under Sections 323, 452, 504, 506 IPC, Police Station Shaktinagar, District Sonbhadra, whereby opposite party nos. 2 and 3 have been acquitted. Learned counsel for the appellant-complainant has argued that on 18th September, 2020, when Krishna was fixing wooden pillar outside his house, four accused persons came and open an assault, and the victim ran to enter the house of the complainant, who was followed by the accused persons, and they all gave beating to the complainant and her son as well. Learned counsel submits that the case of the prosecution is supported by the material witnesses, i.e. Prabha Devi-complainant P.W.-1 and her son Suraj Patel P.W.-3. Despite that the trial court has acquitted the accused persons. Learned counsel has referred to the evidence of P.W.-11 Dr. Nripendra Sagar to contend that the injuries suffered by the mother and son were proved by this witness, therefore, the impugned judgment of acquittal is not sustainable and he prays for leave to appeal. Upon hearing the learned counsel and considering his submissions, this Court finds that though the allegations were levelled against four accused, but during investigation, two accused persons namely Tanvir and Yusuf were found innocent, whereas the charge sheet was filed against accused Saleem alias Ismail and Yunus for alleged commission of offences punishable under Sections 323, 504, 506, 452 IPC. A perusal of the testimony of PW-1 Prabha Devi would show that according to her, accused Saleem was hitting Krishna and he had suffered injuries. Further, the witness stated that the brothers of Krishna did not come to save him, who in order to save himself entered the house of the complainant, but strangely, this material witness-Krishna was not examined by the prosecution. Further, it may be noticed that the independent witness PW-2 Sandeep Kumar deposed before the trial court that he came out of his own house upon hearing some heated arguments and found Krishna, Prabha Devi and Shushila Devi were in conversation, and no occurrence of beating by Saleem and Yunus had taken place. A reading of the impugned judgment would show that the trial court has carefully analyzed the prosecution evidence and found material discrepancies in the statements of the witnesses and another witness PW-5 Tejbhan Singh deposed that the occurrence took place in the house of Lalmani, whereas according to the complainant, the accused had entered her house and committed the crime. In her cross-examination, complainant- P.W.-1 admitted that in respect of the occurrence dated 18th September, 2020, one FIR bearing No. 112 of 2020, under Sections 452, 323, 504, 506, 427 IPC was lodged at the instance of Shushila Devi, wherein complainant Prabha Devi, Udil Narayan son of Gulab, Krishna Prasad Chaudhary and Sikandar were charge sheeted on 11.10.2020. Thus, in view of the above discussion, it becomes clear that the prosecution evidence itself has thrown doubt, and considering the material on record, the trial court has rightly proceeded to extend the benefit of doubt to the accused. Resultantly, no case is made out for interference, and the application seeking leave to appeal is dismissed. Order Date :- 18.7.2025 Brijesh NC413 No. 411 of 2025 2 Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad