BRAHM DUTT SHARMA Vs. STATE

JUDGEMENT

(1.) THE appellant (Braham Dutt Sharma) questions the judgment dated 01.05.2001 in Sessions Case No. 48/1999 arising out of FIR No. 288/1997 registered at Police Station Chanakya Puri by which he was convicted under Section 324 IPC and sentenced to undergo Rigorous Imprisonment for one year with fine Rs. 10,000/ -. Out of fine realised, Rs. 8,000/ - were to be paid as compensation to the victim. It is stated that fine of Rs. 10,000/ - has since been deposited in the Trial Court. Allegations against Braham Dutt Sharma were that on 17.09.1997, he stabbed Varsha @ Mithlesh, his wife, on her neck and gave beatings to her with hands andlegs. Information was received at Police Station Chanakya Puri that Braham Dutt Sharma had admitted his wife at RML hospital. SI Ramchander went to the spot and recorded the statement of Varsha @ Mithlesh. He lodged First Information Report and arrested the accused. During the course of investigation, statement of witnesses conversant with the facts were recorded. After completion of investigation, a charge -sheet under Section 307 IPC was submitted in the court. The prosecution examined 9 witnesses to establish the appellant's guilt. In his 313 statement, the appellant pleaded false implication. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court by the impugned judgment convicted the appellant under Section 324 IPC and sentenced him accordingly. The State did not challenge his acquittal under Section 307 IPC.

(2.) DURING the course of arguments, appellant's counsel on instructions, stated at Bar that the appellant has opted not to challenge the finding of the Trial Court on conviction under Section 324 IPC and accepts it voluntarily. He, however, prayed to take lenient view as he has already remained in custody for 66 days before release on bail and has already paid fine Rs. 10,000/ -. After his second marriage, he has three children to take care of them. He offered to pay a reasonable compensation to the victim.