BAIJNATH Vs. STATE

JUDGEMENT

(1.) The instant appeal is being filed against the judgment dated 08.12.2008 whereby the appellant has been convicted under Section 307 IPC and vide order dated 10.12.2008, the appellant has been sentenced RI for five years and to pay fine of Rs.30,000/- under Section 307 IPC. The benefit of Section 428 Cr.P.C. has also been given.

(2.) The facts of this case in brief are that FIR No. 183/2004 under Section 307 IPC, P.S. Janakpuri was registered against the appellant on the statement of the complainant namely Sunita.

(3.) She has stated that she was a member of committee (chit fit) with one Shashi Bala. In the month of August, 2003, she demanded Rs.10,000/-, being the amount due towards the committee from Shashi Bala. Payment was not made to her, instead, Lakhan Bonu, Kamlesh and others gave beatings to her, in respect whereof, a case was registered.