KASHMIR SINGH Vs. STATE

JUDGEMENT

(1.) Kashmir Singh, appellant has preferred the present appeal directed against the judgment and order of sentence dated 7th August, 2000 and 8th August, 2000 respectively. Learned Additional Sessions Judge held the appellant guilty of the offence punishable under Section 394/398 Indian Penal Code and sentenced the appellant to five years rigorous imprisonment and a fine of Rs.1,000/- for the offence punishable under Section 394. In default of payment to fine he was to undergo further rigorous imprisonment for six months. For the offence punishable under Section 398 Indian Penal Code the appellant was sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.2,000/-. In default of payment of fine he was to undergo further rigorous imprisonment for one year. Both the substantive sentences were directed to run concurrently.

(2.) The facts of the prosecution case in brief are that on 19-10-1998 Mrs. Neena Sabharwal along with her husband and two children besides a domestic servant were going back from the office of her husband after performing Diwali pooja. They have stopped their car near Alankar cinema market on the main road. The husband of Mrs. Neena Sabharwal with two children had gone to purchase crackers while Mrs. Neena Sabharwal and the servant were sitting in the car.

(3.) After some time the appellant came there and asked the complainant to take their car a little ahead. Mrs. Sabharwal told the appellant that she does not know driving. She will call her husband he will do the needful. The ignition keys of the car were with him. The appellant told her that keys were very much in the car and he will do the needful by driving the car. He had told her that he was an employee of the parking place. Thereafter the appellant started driving the car solely but Then enhanced the speed and started driving at a high speed. Ms. Sabharwal caught hold of the appellant but he took out a knife. The domestic servant Deepak started crying. Appellant pushed him out, of the car. He broke the barrier of the police because head constable Kiranpal and constable Prem Prakash had tried to stop the car. They stopped the car at gun point. The husband of Mrs. Sabharwal noticed it and were shouting for help. After the appellant was apprehended a knife was recovered from the hand of the appellant. He was taken to the police station. A sketch of the knife was drawn and it was converted into a sealed parcel. While the appellant was driving the car rashly and negligently he had hit Sandhya, Swayam and Shivani who were removed to the hospital. On these broad facts as against the appellant report under Section 313 Code of Criminal Procedure for the offences punishable under Section 394/398 Indian Penal Code was filed.