SEEMA VERMA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal under Section 374 of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') has been filed by convict appellant Smt. Seema Verma against the judgment of conviction and sentence made therein, by Court of XI, Additional Sessions Judge, Kanpur Nagar, Session Trial No. 434 of 2016, arising out of Case Crime No. 311 of 2016, under Sections 304, 323 Indian Penal Code (hereinafter referred to as 'I.P.C.'), Police Station Kalyanpur, District Kanpur Nagar, whereby convict appellant has been convicted for offence of culpable homicide not amounting murder, punishable under Section 304 read with Section 323 I.P.C. and has been sentenced with imprisonment of ten years rigorous imprisonment and fine of Rs. 10,000/-, and in default of making payment of fine, simple imprisonment of one year under Section 304 I.P.C. and rigorous imprisonment of one year with fine of Rs. 1,000/-, and in default of making payment of fine, three months additional simple imprisonment, under Section 323 I.P.C., with a direction for concurrent running of sentences and adjustment of previous incarceration, if any, in this case crime number, with this contention that the trial Court failed to appreciate facts and evidence, placed on record. Appellant was innocent and prosecution failed to bring on record any injury report of alleged eye-witness Suryansh Verma. Prosecution failed to produce medical report of any kind with regard to mental faculty of appellant, showing her ailment whereas injury found over person of appellant, could not be explained by prosecution. Though, the injury was proved by defence witness Dr. Anurag Rajauriya posted at L.L.R. Hospital, Kanpur Nagar. Convict appellant was convicted for offence punishable under Section 304 (Part-II) I.P.C. whereas she was sentenced with excessive punishment i.e. maximum punishment provided under Section 304 (Part-II) I.P.C. ten years whereas no minimum sentence was provided under above Section, but she was sentenced with rigorous imprisonment of ten years with fine. She, being a lady, has been convicted and sentenced resulting ruin of her family. The case, placed by prosecution, was highly improbable, which cannot be digested by a prudent man. Hence, this appeal.

(2.) Prosecution case, emerged from surface on record, was that "F.I.R. (Ex.Ka-1) written by Ritesh Verma, son of Prem Narayan Verma, resident of EWS-738, Awas Vikas No. 3, Kalyanpur, Kanpur Nagar, dated 26.3.2016, was presented at Police Station Kalyanpur, by Ritesh Verma by appearing at above police station, at 18:30 hours of 26.3.2016, with this contention that on 26.3.2016, at about 3:30 P.M., when informant Ritesh Verma was inside his room, at House No. EWS-738 Awas Vikas No. 3, Kalyanpur, he heard some noise at third floor, he came out and saw that his sister-in-law (bhabhi) Smt. Seema Verma, (present convict appellant) wife of Sri Neeraj Verma, was throwing her sons Suryansh and Ansh, who were nephews of this informant, from roof. He attempted to forbid but both nephews were thrown. He made alarm call and took both of them under unconscious situation, straight away at B.M.C. Hospital, Panki, where they were got admitted. But younger one Ansh was serious. Seema Verma was under mental ailment. This occurrence was reported at above police station for taking legal recourse. This report was lodged as Case Crime No. 311 of 2016, under Section 308 I.P.C. at chik F.I.R. (Ex. Ka-4), by way of entering this registration of case crime number at Report No. 49 of P.S. Kalyanpur at 18:30 hours and this G.D. entry was Ex.Ka-3. Ritesh Verma submitted report (Ex.Ka-10) at Police Station Kalyanpur, that an occurrence of throwing Suryansh and Ansh Verma by their mother Smt. Seema Verma on 26.3.2016 and injury to both of them and their admission at B.M.C. Hospital at Panki was reported at police station in the evening of 26.3.2016 at 6:30 P.M. Ansh Verma, being serious, was referred at Hallet Hospital, Kanpur Nagar, where he died during the course of treatment. Upon this information, inquest proceeding was got conducted, over dead body of Ansh Verma, by inspector in-charge police station Kalyanpur, in between 27.3.2016, 10:30 A.M. to 12:00 P.M. at mortuary of L.L.R Hospital, Kanpur Nagar, in which opinion of witnesses Neeraj Verma, Ashish Verma, Manish Shukla, Vaibhav Gupta, Ranveer Singh was of death owing to above antemortem injuries, caused by throwing from roof, during the course of treatment at Hallet Hospital and this Inquest Report (Ex.Ka-5) was prepared by Investigating Officer with a need for getting autopsy examination conducted, for which requisite papers, letter to Chief Medical Officer, Kanpur Nagar (Ex.Ka-6), specimen seal put over dead body, kept under intact and sealed position (Ex.Ka-7), photo dead body (Ex. Ka-8), Challan dead body (Ex. Ka-9), were got prepared by Investigating Officer.

(3.) Autopsy examination over dead body of deceased Ansh Verma, was got conducted in between 12:40 P.M. to 1:00 P.M. of 27.3.2016 by Dr. Anil Kumar and autopsy examination report (Ex.Ka-2) was got prepared under handwriting and signature of above witnesses, with mention of antemortem injury of contused swelling 30cm X 25cm over whole skull with underlying right frontal and left temporal, parietal and occipital bone fractured, resulting death of deceased. Investigation concluded with submission of charge-sheet (Ex.Ka-12), against Smt. Seema Verma for offence punishable under Sections 304 and 323 of I.P.C. Court of Chief Metropolitan Magistrate, Kanpur Nagar, took cognizance over it, vide order dated 6.4.2016.