High Court · 2025

Judgment

1. State and perused the record.

2. The instant criminal appeal under Section 374 (2) Cr.P.C. has been filed by the appellant impeaching the judgment and order dated

01.09.2009 passed by the Additional Session Judge, Court No.2, Lakhimpur Kheri in Sessions Trial No.103 of 2002 (State Vs. Ratnesh Kumar Verma), arising out of Case Crime No.775/2000, lodged at Police Station - Kotwali Lakhimpur Kheri, District Lakhimpur Kheri, thereby convicting the accused-appellant for the offence under Sections 332, 353 IPC and sentencing to under one year's rigorous imprisonment for the offence under Section 332 I.P.C. and Six Months' rigorous imprisonment for the offence under Section 353 I.P.C. and both the sentences were directed to run concurrently.

3. As per prosecution version, in nutshell, the appellant assaulted the informant, hurled the abuses, made the castiest remark and also dashed the cycle of the informant and threatened to life, therefore the F.I.R. of the incident was lodged on 08.10.2000 at Police Station- Kotwali, Lakhimpur Kheri, District - Lakhimpur Kheri which was registered as Case Crime No.775/2000, at Police Station - Kotwali Lakhimpur Kheri, District Lakhimpur Kheri, under Sections 332, 353, 504, 506 I.P.C. and Section 3 (1) (X) of the SC/ST Act, against accused Ratnesh Kumar Verma S/o Shatorhan Lal Verma. 2

4. The Investigating Officer, after completing the investigation, submitted the charge sheet against the accused-appellant under Sections 332, 353, 504, 506 I.P.C. and Section 3(1) (x) of SC & ST Act.

5. After submission of the charge sheet before the Court of learned Magistrate the said case was committed to the Court of Sessions where it was registered as Sessions Trial No.103/2002 (State vs. Ratnesh Kumar Verma) and charges were framed against the accused under Sections 332, 353, 504, 506 I.P.C. and Section 3 (1) (X) of SC/ST Act. The accused denied the charges and claimed trial.

6. In order to prove its case, the prosecution examined injured Mewal Lal Rawat (PW-1); Dwarika Prasad (PW-2); Dr. P.K. Gangwar (PW-3); and S.K. Shukla, Circle Officer (PW-4).

7. In the incident the complainant Mewa Lal (PW-1) sustained injuries, who and witness PW-3 Dr. P.K. Gangwar has established the case of the prosecution. It is to be noted that the evidence/testimony of the injured witnesses has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly as observed by the Hon'ble Apex Court in the case (s) of State of M.P. vs. Mansingh, (2003) 10 SCC 414; Abdul Sayeed vs. State of M.P.,