SATBEER SINGH Vs. STATE

JUDGEMENT

(1.) 4 persons, Suresh Kumar, Azad Singh, Kukku and Satbir Singh were the accused in Sessions Case No.448/1988, arising out of FIR NO. 96/85 dated 6.5.1985, P.S.Najafgarh. Azad Singh and Kukkoo died during trial. Suresh Kumar @ Patwari was convicted under Section 363/366 and Section 376 IPC. Appellant Satbir was convicted under Section 363/366 IPC and Section 328 IPC. Sentence imposed was 5 years R.I. for each of the offence. Sentences were to run concurrently.

(2.) . Suresh Kumar @ Patwari did not challenge his conviction. He has undergone the sentence imposed. Present appeal stands filed only by Satbir. In this appeal, therefore, I would not be concerned with the offence committed by Suresh under Section 376 IPC save and accept the facts which are interlinked with the offence under which the petitioner was charged.

(3.) On 6.5.1985 prosecutrix Sunita made a complaint to PW.II S.I.Jagdish Prashad, pursuant whereto an FIR No.96/85 under Section 328/363/376 IPC, P.S.Najafgarh was lodged at 8.15 a.m. complaint stated: