LAWS(P&H)-2013-9-712

BALVINDER SINGH Vs. STATE OF HARYANA

Decided On September 30, 2013
BALVINDER SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction dated 12.03.2009 and order of sentence dated 14.03.2009 passed by Addl. Sessions Judge, Karnal in FIR No.107 dated 15.07.2007 for commission of offence punishable under Sections 307, 324 and 506 IPC registered at police station Madhuban, District Karnal. The appellant was sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of Rs.5,000/- under Section 307 IPC. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of one year.

(2.) Before adverting to the merits of the appeal, it is necessary to refer to the basic facts, which led to the lodging of the FIR. The complainant-Sunita along with her three children was living in village Bastara, District Karnal. Her husband Balvinder Singh was addicted to liquor. The family was finding it difficult to maintain themselves. The husband's agriculture land was leased and the lease money was arranged to be paid to the complainant. This had been done at the intervention of her parents, which Balvinder Singh did not like and used to frequently pick up quarrels. Balvinder Singh had left the house 10-12 days prior to the incident for Jundla and had not returned. On 14.07.2007, he entered the house at 2.00 am when all the family members were sleeping in the courtyard and was carrying a knife. He attacked his wife and inflicted a blow on her abdomen and another blow fell on her right wrist. On hearing her cries, her children woke up. They raised alarm and Balvinder Singh ran away with the knife. The neighbours took her to Jagdamba Hospital, Karnal for treatment. Sunita was admitted in the hospital at 3.45 am. The Medical officer sent ruqqa to the police station and arrived in the hospital and recorded her statement. The FIR was initially registered under Sections 324 and 506 IPC. The doctor gave an opinion that the injuries were dangerous to life. Section 307 IPC was added. The accused was arrested. He suffered a disclosure statement and got the knife recovered as per his disclosure. On completion of investigations, a report under Section 173 Cr.PC was laid in the Court.

(3.) Charge was framed under Sections 307 and 506 IPC to which the accused pleaded not guilty and claimed trial.