RAJBIR Vs. STATE

JUDGEMENT

(1.) The appellant is aggrieved by the impugned judgment and order of sentence dated 11.09.2002 & 12.09.2002 respectively wherein he has been convicted under Sections 452/324 of the IPC and has been sentenced to undergo RI for a period of 1 year and to pay a fine of Rs.500/- and in default of payment of fine, to undergo RI for 1 month for the offence under Section 452 of the IPC; for his conviction under Section 324 of the IPC, he has been sentenced to undergo RI for 1 year. Both the sentences were to run concurrently. Benefit of Section 428 of the Cr.PC has been granted to the appellant.

(2.) Nominal roll of the appellant has been requisitioned. Record has also been perused. It reflects that the appellant remained in custody between 18.08.1999 up to 27.11.1999 when he was granted bail; meaning thereby that he has suffered incarceration for more than 3 months.

(3.) Record shows that the present FIR had been registered on the complaint of Manju. This was to the effect that on 03.05.1999 when she was alone in her house, appellant Rajbir came into her room and started misbehaving with her; she resisted and raised alarm. She was given a knife blow on her head. Her husband Jaswant (PW-1) also reached there. On his rebuking the appellant, PW-1 was also given a knife blow; their neighbor Hargovind (PW-2) also reached the spot. He apprehended the appellant but the appellant managed to slip away. The appellant was finally arrested on 19.08.1999. His disclosure statement (Ex.PW-8/B) was recorded by SI Ajay Kumar (PW-8) pursuant thereto the knife (Ex.P-1) which was the weapon of offence was recovered vide memo Ex.PW-8/E. Dr. Vinita (PW-4) had medically examined the complainant Manju; her MLC Ex.PW-4/A was prepared; an incised wound measuring 3.5 cm X 0.5 cm was noted upon her scalp; injury was reported to be 'simple' having been caused by a sharp object. The MLC of PW-1 was conducted by Dr. Virender Kumar (PW-9) and proved as Ex.PW-8/J. An incised wound measuring 3 cm was noted on his left chest as also wound on the back of his elbow. Injury was opined to be 'dangerous' having been caused by a sharp object. Dr. Gaurav Aggarwal examined as PW-7 had reported vide his report (Ex.PW-7/A) that injuries in both the aforenoted MLCs (Ex.PW-4/A and Ex.PW-8/J) could have been caused by Ex.P-1.