- (1.) THIS appeal has been filed by the State against the order of the Additional Sessions Judge, Court No.4, Lakhimpur Kheri dated 16.7.2014 for enhancement of the sentence awarded by the trial court. The Trial Court has convicted the appellants under Section 325/34 IPC for two years Rigorous Imprisonment and Rs.1000/ - fine for each appellant and on non payment of fine one month additional sentence was awarded. Under Section 324/34 IPC the appellants have further been awarded one year R.I. and a fine of Rs.1000/ -. Additional sentence in default of payment of fine has been awarded to undergo one month simple imprisonment.
(2.) LEARNED A.G.A. contends that there were two injuries on the vital parts and the sentence awarded is inadequate and that on the allegations a case under Section 307 IPC was disclosed.
(3.) WE find that there is no finding of the trial court that the injuries were dangerous to life, although there are a number of injuries. In any case two years sentence has been awarded. The incident has taken place six years back on 9.4.2008. We must record our strong disapproval against the State for filing such frivolous appeals for enhancement of sentence against acquittals, when there are such a large number of extremely grave cases under Section 302 and 376 IPC etc., in which no appeals are filed. So much so an impression is created in our minds that approaches are exercised for filing State appeals, which have absolutely no merit and there is very little possibility of enhancement of the sentence, under the appeal which would come to be heard after 20 or 30 years. We also think that it would be proper that Government Appeals are not routinely allowed to be filed in the court, but the decision to file the appeal should only be taken after the proposed appeals are analyzed by the Government Advocates carefully and they should only be allowed to be filed if they meet with his approval. This is to avoid wastage of the court's precious time and to reduce the staggering pendency of Government Appeals and appeals against convictions in the High Court.;