SURINDER KUMAR SHARMA Vs. STATE GOVT OF NCT

JUDGEMENT

(1.) This is an appeal against the Judgment dated 7th November, 2008 and Order on Sentence dated 11th November, 2008, whereby the appellant was convicted under Section 307 of IPC and was sentenced to undergo RI for 5 years and to pay fine of Rs.1,000/- or to undergo RI for six months in default.

(2.) On 23rd October, 2006, on receipt of copy of DD No. 28-A, SI Mange Ram of Police Station Prasad Nagar went to house No. 16/1615 E, Arya Samaj Road, Bapa Nagar, where he came to know that the injured had been taken by PCR van to Lady Harding Hospital. When he went to the hospital, the injured Rekha was unfit for statement. Later on, she was declared fit for statement, but she being under treatment, was not in a position to give her statement. The Investigating Officer, thereupon, recorded the statement of her son Rahul, who was present in the hospital. Rahul informed that on that day, at about 6.45 pm, when he was present in his house alongwith his mother Rekha and his sister Meenakshi, the appellant, who is his step-father, started abusing his mother Rekha, after taking liquor. When his mother objected to his quarrelling on a festival day, the appellant started strangulating her. He, however, got his mother rescued from the appellant. Thereafter, the appellant brought out a hammer and gave 3-4 blows on the head of his mother as result of which, she became unconscious. The appellant, thereafter, ran away from the house.

(3.) The injured Smt. Rekha came in the witness box as PW-3 and stated that after separating from her husband, she had re- married the appellant Surinder Kumar Sharma in the year 2000 and was residing with him as his wife. One child Ridhav Sharma was also born from her marriage with the appellant. She further stated that the appellant was unemployed and had a number of vices such as liquor addiction and she was managing the household expenses by doing a private job. The rental income used to be spent by the appellant on purchasing liquor. She further stated that the appellant used to misbehave with her and give beating to her as well as to her son under influence of liquor. Even the elder brother, mother and sister-in-law and nephew of the appellant also used to misuse with her and beat her up.