SUK CHARAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 9th August, 2012 and order on sentence dated 14th August, 2012 passed by the learned Additional Sessions Judge, Dwarka Courts, New Delhi in Sessions Case No. 162/2011 arising out of FIR No.244/2011 u/s 352/393/307 IPC registered with PS Dwarka, South whereby the appellant was sentenced as under: -

(2.) THE gravamen of the prosecution case is that on 29th August, 2011, on receipt of DD No.25A, SI Raj Kumar along with Constable Jai Prakash reached Flat A -504, Plot No. 21, Dwarka Apartments, Sector -7, Dwarka where he met the owner of the flat, namely, Tanu Srivastava, her mother, guard and other persons. There were scratch marks on the throat of Tanu Shrivastava. He recorded her statement Ex.PW1/A. Rukka/Ex.PW4/A was sent to the Police Station through Constable Jai Prakash on the basis of which FIR under Section 352/393/307 IPC was registered. Complainant was sent to the hospital for medical examination. Site plan Ex.PW4/B was prepared. Accused was arrested. Chappal of the accused lying at the spot was also seized during the course of investigation. Wife of the accused Vishakha was also arrested. After completing investigation, charge sheet was submitted against the accused. After the case was committed to the Court of Sessions, charge for offence under Section 452/352/393 and 307 IPC was framed against the accused to which he pleaded not guilty and claimed trial.

(3.) VIDE impugned judgment, the appellant was convicted for offence under Section 452/352/393 and 323 IPC and was sentenced as mentioned hereinbefore.