Bablu Alias Baljeet vs State Of Uttarakhand

Lok Pal Singh, J

This criminal jail appeal has been received through Senior Superintendent Sub Jail, Haldwani and is directed against the judgment and order dated 17.11.2017 passed by Addl. Sessions Judge, Ramnagar, District Nainital in Sessions Trial no.72 of 2016, whereby the appellant has been convicted under Section 307 of IPC and has been sentenced to undergo rigorous imprisonment for a period of seven years alongwith fine of Rs.10,000/-.

Prosecution story in brief is that on 01.04.2016 PW1 Neeraj Bisht lodged a report at Kotwali Ramnagar, District Nainital with the averments that on 31.03.2016, at about 9.00 PM, when he was in his house, his mother told him that, someone is beating his brother Suraj Bisht behind Tanda intersection near rice mill. Neeraj Bisht alongwith Ashish Rawat at once rushed to the Rice Mill, where they saw that Babloo (present appellant) having stick in his hand and Suraj Bisht (victim) was lying on the floor and drenched in blood. One male and one female were also present on the spot. As the condition of victim was very serious; he was immediately taken to Government Hospital Ramnagar, from where he was referred to Krishana Hospital, Haldwani. On the basis of said F.I.R., Case Crime No. 88/2016 was registered against the accused Bablu@Baljeet in respect of offences punishable under Sections 323, 504, 506 I.P.C.. Investigation of the case was carried out and on completion of investigation charge sheet was filed against accused Bablu@Baljeet and Sapna under Sections 3074/34, 323/34, 504 & 506 of I.P.C.

Additional Chief Judicial Magistrate, Ramnagar on receipt of charge sheet, committed the case to the court of Sessions for trial. Addl. Sessions Judge, after hearing the parties, framed charges u/s 307/34, 323/34, 504 and 506 IPC against the accused person. The charge was read over and explained to the accused, to which they pleaded not guilty and claimed to be tried.

On denial of guilt, the prosecution got examined P.W.1 Neeraj Bisht (complainant), P.W.2 Suraj (injured), P.W.3 Sompal, P.W.4 Ashish Rawat, P.W.5 S.I. Rahul Kumar Rathi, P.W.6 Constable Sushil Kumar Pande P.W.7 S.I. Rajeev Upreti, and P.W.8 Dr. Rahul Singh. Thereafter, oral and documentary evidence was put to the accused under section 313 Cr.P.C in the form of questions, in reply to which he stated that he has been falsely implicated in the case due to previous enmity. However, he did not lead any evidence in defence.

The trial court after hearing the parties and on perusal of evidence, vide impugned judgment and order, convicted and sentenced the accused/appellant Bablu@Baljeet, as above. However, the trial court acquitted co-accused Sapna from the charges framed against her. Feeling aggrieved, accused/appellant Bablu@Baljeet has preferred this appeal from District Jail, Haldwani, where he is currently lodged.

Before going any further, this Court thinks it just and proper to mention the injuries found by P.W.8 Dr. Rahul Singh, Brain & Spine Surgeon, Krishan Hospital, Haldwani on the person of P.W.2 Suraj Bisht. The same are being reproduced from discharge report (Ex. Ka12):-

Diagnosis- Right temporal contusion with mandible fracture. Injury on head and face, blunt injury abdomen.

P.W.3 Dr. Rahul Singh has stated in his cross examination that whereas the injury on the head could have been possible as a result of motor accident, the injuries on the face could not have been possible due to motor accident.

PW2 Suraj (injured eyewitness) has state on oath that prior to the incident he used to live at Tanda intersection on rented accommodation. Accused Bablu used to work on the stall of one Bhanu at Tanda intersection. He got acquainted with accused Bablu, as he used to visit said stall. Accused Sapna also used to work on the said stall. Accused Bablu was not happy with PW2's acquaintance with Sapan. On 31.03.2016, at about 8:00 P.M., Bablu asked PW2 to come to Tanda intersection over Sapna's mobile. When PW2 reached there, accused Bablu took him behind rice mill. Sapna was also accompanying Bablu. Sapna caught hold PW2's hands and Bablu gave blows on his head, face and jaw, as a result of which PW2 fell down and started bleeding. He was medically treated at Krishna Hospital, Haldwani. In his cross-examination, PW2 deposed that he had no enmity with Bablu since prior the date of incident.

PW1 Neeraj Singh stated on oath that PW2 is his cousin. PW1 further stated that on 31.03.2016, at about 8:30-9:00 P.M., he was at his house. His mother told him that somebody is thrashing Suraj behind rice mill near Tanda intersection. On said information, he rushed towards Tanda intersection. His friend Ashish Rawat met him on the way. On reaching the rice mill, PW1 saw PW2 lying in a pool of blood. Bablu was standing there. Accused was giving blows with an iron rod on the person of PW2 and Sapna was accompanying the accused. Accused fled away from the place of occurrence as soon as he saw PW1 and his friend coming there. PW1 further stated that victim (PW2) was taken to Government Hospital, Ramnagar, from where he was referred for higher center for further treatment. PW2 remained admitted in Krishna Hospital for many days. On 01.4.2016, PW1 got typed the written report and submitted the same with the P.S. Kotwali Ramnagar. PW1 denied the fact he had lodged false FIR and is adducing false evidence against the accused persons as the victim is his cousin.

Learned amicus curiae for the appellant would submit that the appellant is in jail since 04.01.2016. There is no other criminal case pending against him. He has further contended that the appellant is a first time offender, as such, the sentence awarded to the appellant may be reduced to the period already undergone by him.

Having re-appreciated the entire evidence on record, and after considering the submissions of learned counsel for the parties, this Court is of the view that the prosecution has successfully proved charge of offences punishable under section 307/34, 323/34, 504 & 506 IPC against the accused/appellant. The trial court has rightly convicted him under the aforesaid sections.

Having considered the submissions of learned Amicus Curiae on the point of sentence and also considering the fact that appellant had already undergone imprisonment for more than three year and two months, during investigation, trial and during the pendency of present criminal appeal and he had been throughout in jail a lenient view on the point of sentence is required to be taken, in this case. Punishment provided under Section 307 IPC requires that the convict should be sentenced not only to the imprisonment but also to the fine. Considering the facts and circumstances, this Court reduces the sentence of imprisonment awarded by the trial court to the period already undergone and further directs that the appellant shall pay fine of Rs. 10,000/-, (Rupees ten thousand only) within a period of two month from today, failing which he shall undergo simple imprisonment for a period of six months. Accordingly, the sentence has been modified and appeal stands, partly allowed.

Let a copy of this judgment be sent to the Senior Superintendent, Sub Jail, Haldwani for information.

Lower court record, be also sent back to the court concerned.