NARESH @ PAPPU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By a judgment dated 08.08.2011 of learned Addl. Sessions Judge in Sessions Case No.197/2008 arising out of FIR No.57/07, Police Station Kanjhawala, the appellant Naresh @ Pappu was held guilty for committing offence punishable under Section 308 IPC for inflicting injuries to his wife PW-1 (Sushila). By an order dated 10.08.2011 the appellant was sentenced to undergo Rigorous Imprisonment for two years with fine Rs. 5,000/-. Aggrieved by the said findings, the present appeal has been filed.

(2.) During the course of arguments, the appellant opted to give up challenge to the findings recorded by the Trial Court on conviction. He urged that lenient view be taken as the matter has been settled/compounded with the injured/complainant.

(3.) I have examined the file. Several injuries were inflicted by the appellant on the person of PW-1 (Sushila), his wife on 29.03.2007 by a sharp weapon. The prosecution was, however, unable to establish as to what was the appellant's motive to cause injuries to his wife. It has come on record that both the appellant and the victim were living together at the matrimonial home and were blessed with two sons who have since been married. The children live with the appellant in the village. Presently, the victim is living with her father. When the matter was listed for disposal, the complainant appeared in person and urged to take lenient view as the matter stood settled with the appellant. The court was not satisfied with the settlement arrived at with the appellant. With the assistance of the counsel for the complainant as well as the appellant, various attempts were made to reunite the parties. Even the victim's sons were called to participate. They too supported their father; the parties could not be reunited.