MUKESH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 27.3.2006 and 29.3.2006 respectively wherein the appellant had been convicted under Section 307 of the IPC and had been sentenced to undergo RI for 4 years and to pay a fine of Rs.500/- in default of payment of fine to undergo SI for 15 days. Nominal roll of the appellant has been requisitioned. It reflects that as on the date when the appellant had been granted bail he has suffered incarceration for six months.

(2.) The version of the prosecution was unfolded in the statement of Smt.Kali, mother-in-law of injured Kayum (PW-3); Smt.Kali was not produced in Court. Her statement Ex.PW-6/B was recorded by the investigating officer ASI Kaptan Singh (PW-6); in this statement she had stated that her daughter Sunil married injured (PW-3) 3 to 4 years back but for the law few days she had started living with the appellant Mukesh which was the bone of contention between the injured and the appellant. Further averment being that on 18.9.2004 at about 7.00 p.m. when she was sitting at the road side near "Hanuman Setu" PW-3 came in an injured condition and told her that he had been stabbed by the appellant.

(3.) Statement of PW-3 was recorded on 30.9.2004 i.e. 12 days after the incident as he was not declared fit for statement prior to that date.