OYAS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned A.G.A for the State and also perused the record.

(2.) The main submission of the learned counsel for the revisionist is that prima facie charges under Sec. 326A IPC is not made out against the revisionist. There is no grievous injury on the body of the victim. From the perusal of prosecution papers, offence under Sec. 326A IPC is not disclosed. Injured ladies Smt. Gulshan Bano and Km. Reshma Bano were medically examined on 19/5/2014 at SRN Hospital, Allahabad by Dr. Nisar Ahmad at about 09:10 am and 09:20 pm, who were brought by their mother namely, Khusnuma. There is no permanent or partial damage or deformity to or burns or maims or disfigures or disables, any part or parts of the body, so charge under Sec. 326A or 326B is not made out. Applicant is in judicial custody since 19/3/2019.

(3.) Learned AGA objected the prayer and submitted that from the perusal of order, it reveals that initially revisionist absconded. Thereafter, proceedings was initiated against the revisionist under Sec. 83 Cr.P.C., then, he surrendered before the court below on 19/3/2019. On 16/12/2021, case was committed to Court of Sessions and is pending at the stage of framing of the charge. It is also submitted that there is prima facie material to frame charge under Sec. 326A IPC against the revisionist. One co-accused Jamaluddin @ Raju has been convicted under Ss. 326A and 506 IPC and on 17/9/2021 rigorous imprisonment for 10 years has been awarded to the co-accused.