Anita Arya vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

This is an appeal preferred by the informant/appellant under Section 372 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as ‘Cr.P.C.’) assailing the judgment and order dated 30.09.2011 passed by learned Additional Sessions Judge/1st F.T.C. Nainital, in Sessions Trial No.99 of 2009 State Vs. Minshun Kumar and another, whereby, the said Court has acquitted respondent No.2-accused Minshun Kumar for the offence punishable under Sections 452, 323, 354, 504 IPC & respondent No.3/accused for the offence punishable under Sections 323 and 504 IPC.

It is mentioned at this stage, that this matter relates to the Cross-FIR. An FIR was lodged by respondent No.3 herein namely Lalit Mohan Budhlakoti against Naveen Chandra Arya and two others, who were tried by learned Additional Sessions Judge in Sessions Trial No.81 of 2008 by the self-same Court. At the end of trial, the accused/respondents therein, were held guilty for the offence punishable under Sections 333 read with 34, 427, 504 & 506 IPC and they were sentenced accordingly.

Challenging their conviction and sentence, they preferred a Criminal Appeal No.244 of 2011, which has been heard and adjudicated by this Court vide judgment dated 09.07.2024. This Court, while adjudicating their appeal being Criminal Appeal No.244 of 2011, affirmed the conviction of accused persons, but modified their sentence to the extent that they were directed to be released on probation for a period of 03 years to the satisfaction of the trial court. This criminal case is launched by the appellant only in counter blast of the FIR registered by Lalit Mohan Budhlakoti against the appellant, her husband and mother-in-law, which resulted into their conviction and which too is affirmed by this Court, as above. Since, innocence of the private respondents have been further reinforced, no specific and compelling reasons are there to upset the well-reasoned judgment passed by the learned trial court.

Since, the Criminal Appeal No.244 of 2011 preferred by the appellant-Anita Arya, her husband and mother in-law, has been partly allowed as mentioned above, as such this matter assailing acquittal of respondents-Minshun Kumar and another, which emanated out of cross FIR, no interference is warranted.

Accordingly, this criminal appeal fails and is dismissed.