- (1.) CRIMINAL revision is taken up in the revised list. Learned counsel for the revisionist has not appeared to argue the revision.
(2.) HEARD learned AGA for the State and perused the record. The instant criminal revision has been preferred by Smt. Veerwati who was accused in the trial court against the judgment and order dated 25.5.2010 passed by the Additional Sessions Judge, Court No.16, Meerut, in Criminal Appeal No.65 of 2004 Ved Singh and others Vs. State of U.P. arising out of the judgment and order dated 3.8.2004 passed by the Special Chief Judicial Magistrate, Meerut, in Criminal Case No.2660 of 2003 relating to Case Crime No.36 of 1998 Police Station Brahmpuri, District Meerut, State Vs. Smt. Veerwati and others by which the revisionist was convicted under Sections 323/34 and 324 IPC and was sentenced to undergo six months simple imprisonment with fine of Rs.500/-. In default of payment of fine, one month additional simple imprisonment. The revisionist was further convicted under Section 324 IPC and sentenced to undergo one year simple imprisonment with fine of Rs.1,000/-. In default of payment of fine, one month additional simple imprisonment. All the sentences have been ordered to run concurrently. The relevant facts are that Criminal Case No.2660 of 2003 was proceeded against the four accused persons Smt. Veerwati, Ved Singh, Lakhpat and Bhole under Sections 323, 324, 504, 506 IPC in the court of the Special Chief Judicial Magistrate, Meerut, (hereinafter referred to as the trial court). The trial court after recording evidence and hearing both the sides convicted Ved Singh, Bhole, Lakhpat and Smt. Veerwati under Section 323/34 IPC by the impugned judgment and order dated 3.8.2004. Smt. Veerwati was further convicted under Section 324 IPC and sentenced as stated above. All the accused persons including the revisionists were acquitted for offence punishable under Sections 504 and 506 IPC. The aforesaid criminal appeal was filed by all the four convicted accused persons and by the impugned judgment and order, the learned Additional Sessions Judge, Court No.16, Meerut, (hereinafter referred to as the appellate court), three appellants Ved Singh, Bhole and Lakhpat were acquitted under Section 323/34 IPC. The learned appellate court after going through the same evidence confirmed the conviction of Smt. Veerwati under Sections 323/34 and 324 IPC and sentence as stated above.
(3.) THUS the revisionist Smt. Veerwati dissatisfied with the impugned judgment and order passed by the courts below and assailed the same in this revision. In the case in hand, a boy of four years was allegedly injured on 15.2.1998 around 5:00 p.m., when the first informant Nemwati was away for some work leaving the injured in the house. After coming back from work, the first informant was informed that the tongue of the boy was injured by the revisionist and blood was oozing out of tongue injury. Her report at Police Station was not correctly recorded and simple case of Marpit was registered. As per injury report of this boy dated 15.2.1998, he sustained one contusion on upper lip, second contusion on lower lip. Third injury was stitched one. It means that front portion of the tongue was also injured which oozed out blood on touching.;