LAXMI NARAIN Vs. STATE

JUDGEMENT

(1.) BY this criminal appeal the appellant has challenged the judgment and order of the Additional Sessions Judge dated 5.4.2005 in Sessions Case No. 67/2003, arising out of FIR No. 1005/2002, under Section 302/324 IPC, Police Station, Nangloi whereby the learned Judge has held the appellant guilty for the offence punishable under Sections 302 and 324 IPC. Accordingly, by his order dated 8.4.2005, the learned Judge sentenced the appellant to imprisonment for life and a fine of Rs. 5,000/ - and in default of fine, six months' RI for the offence punishable under Section 302 IPC as also RI for one year for the offence punishable under Section 324 IPC.

(2.) BRIEF facts of the case, as have been set down in the judgment under challenge, are that on 18.11.2002 at about 9.15 a.m. at RZA -336, Nihal Vihar, Nangloi, the appellant herein assaulted his wife, Mrs. Rita, with scissor which injury resulted in the death of Rita. It is further the case of the Prosecution that the accused during this act also caused injuries with scissor on the person of his daughter, Miss Nitu.

(3.) PW -2, Miss Renu, is the second daughter of the accused -appellant. She was examined in court on 9.9.2003 and has supported the version of PW -1 on all material aspects. PW -5, Jasvinder Singh has deposed to the effect that the appellant resided in his neighbourhood and that Rita, her two daughters and her son lived along with the appellant. On 18.11.2002 while this witness was present in his house at around 9.15 a.m., he heard shrieks. He came out of his hose and noticed that Rita was lying wounded outside her house. She was saying that "mujhe bacha lo, mere bachhon ko bacha lo". He has stated that Miss Nitu was also found sitting near her mother and that Nitu was also injured on her arm. The witness has deposed to the effect that he took Rita and Nitu to the Hospital where the Doctor examined Rita and declared her dead. Nitu remained in the Hospital while this witness returned from the Hospital. This witness had seen Rita lying outside the house.