SANTOSH KUMAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal under section 374(2) Code of Criminal Procedure (in short 'CrPC') has been preferred against the judgement and order dated 20.02.2013 passed by Additional District and Sessions Judge/TECP-2, Lucknow in Sessions Trial No.968 of 2002 having Case Crime No.291 of 2000, under Section 326 Indian Penal Code (in short 'IPC') and Section 3(2)(5) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'SC/ST Act'), P.S. Wazirganj, District Lucknow, whereby the appellant has been convicted and sentenced under Section 326 IPC to undergo rigorous imprisonment for 10 years and fine of Rs.50,000/- and in default of payment of fine one and a half year additional rigorous imprisonment.

(2.) The facts in brief for deciding this appeal are that Ram Avatar (PW 2) was working as 'Palledar' at the 'Aarhat' of Ranjeetmal Agrawal situated in Pandeyganj grains market, Lucknow. On 14.08.2000 at about 10 pm (night), accused appellant Santosh Kumar Shukla, working as accountant (Munim) in the aforesaid Aarhat asked Ram Avatar to provide wine for him. Ram Avatar (PW 2) refused to provide the same. Thereafter in the intervening night of 14/15.08.2000 when Ram Avatar was sleeping at the campus of Aarhat, the appellant having animus of not providing the wine came in the mid night and assaulted Ram Avatar with a pointed weapon, namely, 'Parkhi' (an instrument use for picking out the contents from close gunny bags for inspection) in the stomach of Ram Avatar and on account of that injury Ram Avatar cried. The incident was witnessed by Dhani Ram and Ramesh, who were also sleeping in the same Aarhat. The accused appellant managed to escape from the place of occurrence. The witnesses admitted Ram Avatar at Balrampur Hospital where he was medically examined and thereafter the incident was reported to the police of Police Station Wazirganj by the brother of injured Ram Avatar, namely, Ramchandra along with medical examination report by a written report (Ext. Ka-1) on 16.08.2000.

(3.) On the basis of aforesaid written report, a chick report was prepared at 9.15 pm (Ext.5) and the case was registered against the appellant in General Diary (Ext. Ka-6) by the police of P.S. Wazirganj at Case Crime No.291 of 2000, under Section 326 IPC and Section 3(2)(5) SC/ST Act. The injured Ram Avatar was medically examined on 14.08.2000 at 2.50 am in Balrampur Hospital by Dr.H.I. Rizvi, Senior Medical Officer, who found following injuries on the person of the injured as mentioned in medication examination report (Ex.Ka-2):