SHER SINGH @ SHERU Vs. STATE

JUDGEMENT

(1.) The Appellant Sher Singh has preferred this appeal impugning the judgment and order on sentence dated 19.10.1996 vide which he has been convicted under Sections 302/307/449 IPC and sentenced to undergo life imprisonment with fine of Rs.500/- for committing the offence punishable under Section 302 IPC, also to undergo RI for three years with fine of Rs.250/- for committing the offence punishable under Section 307 and further to undergo RI for one year with fine of Rs.250/- for committing the offence punishable under Section 449 IPC. All the sentences were ordered to run concurrently.

(2.) In brief, the prosecution's case is that the Appellant was residing in the neighbourhood of the complainant Braham Parkash, father of deceased Rakesh. The complainant had two sons and three daughters. One of his daughters 'M'(name withheld to conceal her identity), aged about 18 years was pursuing her studies through correspondence in 10th Standard. The Appellant used to tease her as and when she used to go out. The complaints made to the family of Appellant Sher Singh had no effect on him. A day prior to this incident also, the Appellant teased and misbehaved with her resulting into another complaint to his family. The matter was not reported to the police due to fear of loss of reputation in society.

(3.) While narrating the incident in his statement Ex.PW2/A, he stated that on 27.02.1994 at about 2.20 pm, he alongwith his sons Vinod and Rakesh and nephew Manoj was present at home when Appellant entered their house and expressed his desire to meet 'M' and settle the issue finally. The Appellant was asked to leave the house by him and his son Rakesh telling him that he had no connection with them. He and his son Rakesh made the Appellant to leave the house by physically taking him out in the gali. At that juncture, the Appellant took out a chhuri from the right dub of his pant and attacked Rakesh on the left side near armpit. On receiving the injuries, Rakesh fell down and started bleeding. Thereafter the Appellant aimed towards the chest of the complainant but the complainant managed to save himself and the chhuri touched his chin and he started bleeding. The Appellant was overpowered by Vinod and Manoj, along with the churri, when he again tried to attack the complainant. The Appellant also suffered injuries due to fall.