RAMU @ LOHA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri P.K. Singh, Advocate, holding brief of Sri Dinesh Kumar Singh, learned counsel for the appellant, Ms. Anjum Haq, learned Additional Government Advocate appearing for the State-respondent and perused the record.

(2.) The instant Criminal Appeal, filed on behalf of the accused-appellant, is directed against the judgment and orders dated 30.04.2015 passed by learned Additional Sessions Judge, Court No. 17, Kanpur Nagar in Sessions Trial No. 668 of 2013 [State Vs. Ramu @ Loha], arising out of Case Crime No. 293 of 2013, under Sections 324, 326, 308, 504 IPC, P.S. Vidhanu, District Kanpur Nagar, whereby convicting and sentencing the accused-appellant under Section 308 IPC for five years' rigorous imprisonment and under Section 324 IPC for two years' rigorous imprisonment with fine stipulation.

(3.) Learned counsel for the accused-appellant at the very outset has stated that he does not want to question the correctness of the finding of guilt recorded by the learned trial Judge. His sole argument is directed on the point that no case under Section 308 IPC is made out. In support of the ground he has referred the statement of Dr. R.L. Maheep P.W.4, injury report Ext. Ka-2 and submitted that the doctor has not opined injuries to be dangerous for life or likely to cause death of the injured in the ordinary course of nature. According to him, at the most charge under Section 324 IPC could be proved against the present appellant and he is in jail since 14.06.2013. He may be released after awarding him sentence of undergone.