Supreme Court - Daily Orders
Rajveer Singh vs The State Of Uttar Pradesh on 22 August, 2023
Bench: C.T. Ravikumar, Sudhanshu Dhulia
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2023
(Arising out of SLP(Crl.)No.2249/2021)
RAJVEER SINGH Appellant(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
O R D E R
Leave granted.
This appeal has been filed against the judgment and order dated 11.7.2019 passed by the High Court of Judicature at Allahabad, Principal Bench at Allahabad in Criminal Revision No.523 of 1991.
Heard learned counsel for the appellant and also the learned AAG for the State of Uttar Pradesh. The defacto complainant-respondent No.2 is no more and his name was already deleted from the array of parties.
The appellant stood the trial on the allegation of commission of offences under Section 323 read with Section 34 of the Indian Penal Code (for short “the IPC”). The trial Signature Not Verified Court convicted and sentenced him to undergo 3 months rigorous Digitally signed by NEETA SAPRA Date: 2023.08.24 16:45:31 IST Reason: imprisonment and with a fine of Rs. 1,000/-. The First Crl. A. @ SLP(Crl.)No.2249/2021 1 Appellate Court and the Revisional Court upheld the conviction and also the sentence thus imposed.
After hearing learned counsel for the parties, we have considered the injurious sustained by the deceased second respondent, the defacto complainant. He sustained the following injuries :
(i) Red oblique contusion 70 C.M. X 3/10 C.M., on the lower part of the front of right side of his neck.
(ii) Red oblique contusion 20 C.M. X 3/10 C.M., on the right side of the neck situated 10 cm above the injury no.1.
(iii) Red oblique contusion of 60 C.M. X 1 C.M., on the middle of front of lower thigh bluish tinge was there.
Taking note of the nature of injuries sustained by the defacto complainant and the evidence concurrently held as sufficient to bring home guilt of the appellant for the offence under Section 323 IPC, we are of the considered view that the conviction thereunder invites no interference. Hence, it is confirmed. At the same, having regard to the lapse of time since the occurrence and the nature of the injuries, we are of the considered view that the nature and extent of the sentence imposed on the appellant require to be altered. In that view of the matter, the sentence of Crl. A. @ SLP(Crl.)No.2249/2021 2 imprisonment imposed upon the appellant stands set aside and the imposition of fine for the conviction under Section 323 IPC, is maintained. The report of the learned Chief Judicial Magistrate, Bijnor, would reveal that pursuant to the order of this Court dated 25.08.2020, the appellant has already deposited the fine of Rs.1,000/- in the Court concerned viz., Additional Chief Judicial Magistrate, Court No.4, District Bijnor. This is recorded.
The appellant was earlier granted exemption from surrendering as per order dated 25.08.2020. Hence, no further order is required.
The appeal is disposed of as above.
………………………………………………………J. (C.T. RAVIKUMAR) ………………………………………………………J. (SUDHANSHU DHULIA) NEW DELHI August 22, 2023 Crl. A. @ SLP(Crl.)No.2249/2021 3 ITEM NO.21 COURT NO.13 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 2249/2021 (Arising out of impugned final judgment and order dated 11-07-2019 in CRL.R. No.523/1991 passed by the High Court Of Judicature At Allahabad) RAJVEER SINGH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (IA No. 77773/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 77775/2020 - EXEMPTION FROM FILING O.T.) Date : 22-08-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Abhinav Ramkrishna, AOR Ms. Anjali Chauhan, Adv.
Ms. Samina Thakur, Adv.
Ms. Chandni V Shah, Adv.
For Respondent(s) Mr. Ardhendumauli Kumar Prashad, A.A.G. Mr. Adarsh Upadhyay, AOR Mr. Ajay Pandey, Adv.
Mr. Ashish Madaan, Adv.
Mr. Aman Pathak, Adv.
Ms. Pallavi Kumari, Adv.
Ms. Ananya Sahu, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order. Pending applications stand disposed of. (RASHMI DHYANI PANT) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH) (signed order is placed on the file) Crl. A. @ SLP(Crl.)No.2249/2021 4