GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE judgment and order dated 14.11.1991, appellant/accused was found guilty and convicted for commission of offences under Sections 307/324/459 IPC. He was ordered to undergo rigorous imprisonment for a period of 3-1/2 years and to pay a fine of Rs. 4,000/- for commission of an offence under Section 307 IPC. He was further to undergo RI for 1 year for commission of an offence under Section 324 IPC and to undergo further RI for 3 years and to pay a fine of Rs. 2,000/- for commission of an offence under Section 459 IPC. Hence, this appeal.

(2.) FIR (Ex. PH) was recorded at the instance of Smt. Amar Devi on 30.10.1988, wherein it was stated that her husband Kewal Krishan was owner of Truck bearing registration No. PJD 8085 and appellant/accused was working as a Cleaner on that Truck. After serving for about 22 days, he was removed by her husband and his salary was cleared. On 29.10.1988 at about 11.00 pm, she was sleeping in her house with her three daughters, her husband was away in connection with some work. Accused came there and knocked the door by saying that he is cleaner of their vehicle which had met with an accident. On identifying his voice, she did not open the door.

(3.) INJURED were removed to the hospital and were medically examined. After completion of investigation, final report was submitted before the court. Trial court, issued charge-sheet to the appellant/accused, to which he pleaded not guilty and claimed trial. Prosecution then led evidence to prove his guilt and on completion of prosecution evidence, statement of the appellant/accused was recorded under Section 313 Cr.P.C., wherein, he denied all the allegations appearing against him and pleaded false implication. However, he led no evidence in defence.