KALI CHARAN Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal No. 60 of 2001 seeks to challenge the judgment and order dated 2.12.2000 of the Additional Sessions Judge, Karkardooma Courts, Delhi, passed in Sessions Case No. 1/1999, arising out of FIR No. 485/98, Police Station Trilok Puri, whereby the learned Judge has held the appellant guilty for the offences punishable under Sections 302/324/506(ii)/397 IPC but acquitted the appellant for the offence punishable under Section 499 IPC. The learned Judge vide his separate order of sentence of the same date has sentenced the appellant to undergo imprisonment for life and a fine of Rs.2,000/- and in default whereof further rigorous imprisonment for two months for the offence under Section 302 IPC; rigorous imprisonment for two years for offence under Section 324 IPC; rigorous imprisonment for three years for offence under Section 506(ii) IPC; rigorous imprisonment for seven years and a fine of Rs.1,000/- and in default whereof further rigorous imprisonment for one month for offence under Section 397 IPC. All the sentences were directed to run concurrently. Benefit of Section 428 Cr.P.C. was also given.

(2.) Brief facts of the case, as have been noted by the learned Additional Sessions Judge in the impugned judgment, are:

(3.) The case in hand hinges primarily on the testimony of Smt. Asha, the injured witness and wife of the deceased. She has been examined as PW-6, She states that on 5.7.1998 at around 5.00 p.m., Kali Charan, accused herein, had come to her house. Kali Charan is her nephew and resides in her native village, Bada Gaon, Thana, Sahawar, District Etta. This witness welcomed Kali Charan. She has further deposed that her husband, late Shri Bhawan Dass, was running a shop in his house. Kali Charan was dining at the house of this witness and made inquiries in respect of their daily earnings from the business. He was told that Shri Bhagwan Dass earned about Rs.1,200/- per day. The witness goes on to narrate that in the night her husband was sleeping in the courtyard along with the child of the family, Munish, aged 7 years, and Kali Charan was on the adjoining cot besides Shri Bhagwan Dass. This witness was sleeping inside the room along with her daughter, Meena, and son, Sunish. The outer gate of the house was locked from inside by this witness but the light of the courtyard and the room were kept on. At about 2.00 a.m. in the night, she heard a cry of pain from her husband which startled her and she saw that Kali Charan was assaulting her husband with a knife. The witness rushed out and saying kya kar raha hai. Kali Charan pushed this witness aside. In the meantime, Kali Charan picked up a phawra lying nearby and assaulted Shri Bhagwan Dass on the neck. This witness tried to resist at which Kali Charan threw the phawra and attempted to give a knife blow to Asha who, in order to save herself, raised her hands as a result of which she received cut injuries on her hands. Kali Charan, thereafter, dragged this witness into the room all the time threatening her not to raise alarm. In the process he also snatched away the gold earrings of Asha weighing about half tola. Kali Charan also took out the money of Rs.1,200/- from the suitcase which had been kept in the suitcase in the presence of Kali Charan. Thereafter, the accused ran away and broke the bulb in the courtyard before jumping the wall.