- (1.) Dayal Chand @ Dal Chand (the appellant) has preferred the appeal to challenge his conviction under Section 308 IPC by a judgment dated 18.01.2012 in Sessions Case No. 28/2011 arising out of FIR No.190/2011 PS Kalyan Puri and order on sentence dated 20.01.2012 by which he was awarded RI for four years with fine Rs. 10,000/-. Allegations against him were that on 13.06.2011 at about 06.30 P.M. at house no. 13/238, Trilok Puri, he inflicted injuries to Gulab Devi (his mother). The trial resulted in his conviction under Section 308 IPC. During arguments, appellant's counsel on instructions stated at Bar that the appellant has opted not to challenge the findings of the Trial Court on conviction. Prayer was made to take lenient view as the appellant has undergone substantial period of substantive sentence.
(2.) Since the appellant has given up challenge to the findings of the Trial Court on conviction in view of the overwhelming evidence of the victim Gulab Devi corroborated by his wife PW-5 (Kailashi) coupled with medical evidence, conviction under Section 308 IPC is affirmed. Nominal roll dated 07.03.2014 reveals that he has suffered incarceration in this case for two years, eight months and twenty five days besides remission for eight months and fourteen days as on 07.03.2014. The unexpired portion of sentence was six months and twenty one days on that day. It further reveals that he is not a previous convict and is not involved in any other criminal case. His overall jail conduct is satisfactory. The appellant was under the influence of liquor when in a fit of rage, he threw a pressure cooker at his mother in a quarrel and she sustained 'grievous' injuries on her head. The appellant was unable to furnish surety bond due to poverty and remained in custody. Considering the mitigating circumstances, the period already spent by the appellant in custody is taken as substantive sentence under Section 308 IPC. Other terms and conditions of the sentence order are left undisturbed except that the default sentence for non-payment of fine Rs. 10,000/- would be 15 days.
(3.) Appeal stands disposed of in the above terms. Trial Court record be sent back immediately with the copy of the order. A copy of the order be sent to the Superintendent jail for information.;