PREM CHAND Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The Appellant is aggrieved by a judgment and order dated 29th January, 1999 passed by the learned Additional Sessions Judge in Sessions Case No.36/1999. By the impugned judgment and order he was convicted of an offence punishable under Section 302 of the Indian Penal Code. Subsequently, by an order of the same date, the Appellant was sentenced to undergo imprisonment for life and also to pay a fine of Rs.5,000/-. In the event of his failure to deposit the fine, he would have to undergo simple imprisonment for three months.

(2.) The broad facts leading upto this appeal are that on the evening of 5th February, 1996, the Appellant is alleged to have severely beaten his wife, Maina (deceased). She raised a hue and cry and the neighbours in the jhuggi colony intervened to save her from further beating. The beat constable of the area was called to the spot but when he reached there, the Appellant ran away.

(3.) After the incident, the deceased was afraid of spending the night in her husband's jhuggi and so, she and her two children went to the jhuggi of a neighbour Joginder Singh, s/o Shri Amar Singh and slept there.