SANJEEV TYAGI @ CHIDDI BOSE Vs. STATE

JUDGEMENT

(1.) The appellants before this Court are a mother and son. Shiksha is the mother and Sanjeev is her son. They are aggrieved by the impugned judgment dated 19.12.2005 wherein they had been convicted under Sections 307/325 read with Sec. 34 of the IPC. Accused Sanjeev Tyagi had been convicted separately under Sec. 25 of the Arms Act. Vide order of sentence dated 24.12.2005, each of them had been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs. 2,000.00 each and in default of payment of fine to undergo RI for 3 months for the offence under Sec. 307 of the IPC; for the offence under Sec. 325 of the IPC, each of them had been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs. 1,000.00 each and in default of payment of fine to undergo RI for a period of 1 month. For the offence under Sec. 25 of the Arms Act, accused Sanjeev Tyagi had been sentenced to undergo RI for a period of 1 year and to pay a fine of Rs. 500.00 and in default of payment of fine to undergo RI for 1 month. These sentences were to run concurrently.

(2.) The version of the prosecution was unfolded in the statement of Renu (PW-1). She was the injured and the complainant. Her statement (Ex.PW-1/A) was recorded on the intervening night of 26-27.05.2004 after she had been declared fit for statement. The incident had occurred at 09:30 PM on 26.05.2004. As per Ex.PW-1/A when she along with her two children had gone to Budh Bazaar to purchase vegetables, on her way back she saw accused Sanjeev sitting on the road; he started abusing her with filthy language. On query, he stated that if she would not leave the place, he will kill her. PW-1 stated that she will report the matter to the police and went to the adjoining STD booth. Accused came there and snatched the receiver from her. She returned to her house. Accused Sanjeev reached her house and threatened to kill her because she had informed the police. He pulled out a knife and gave several blows upon her person. She suffered injuries on her chest, left wrist and abdomen. Her husband Mukhtiar Singh (PW-2) who had also reached, tried to intervene; accused Sanjeev gave him knife blows as well. His mother Shiksha gave brick blows to PW-1 and PW-2. Police removed the injured to the hospital.

(3.) Her statement (Ex.PW-1/A) was recorded on the following day. It was on this statement (Ex.PW-1/A), rukka (Ex.PW-12/A) was dispatched at 15 minutes past 12:00 midnight and the FIR was registered at 12:50 am.