MAHINDER KUMAR Vs. STATE

JUDGEMENT

(1.) By this appeal filed under Sec. 374 of Cr. P.C., the appellants seek to challenge the impugned judgment dated 08.08.2001, passed in SC No.75/98 in a case registered as FIR No. 62/98 under Sec. 328/506/34 of IPC, at Police Station D.B. Gupta Road, New Delhi. The appellants also challenge the order on sentence dated 21.08.2001, whereby they have been ordered to undergo rigorous imprisonment for two years with fine of Rs.2,000.00 each and in default of payment of fine, to further undergo simple imprisonment for a period of two months for the offence under Sec. 328/34 of IPC. The appellant - Rakesh was also awarded sentence of rigorous imprisonment for six months for the offence under Sec. 506 of IPC.

(2.) The present case had been registered on the statement of Sushma (PW-5). She was working in the factory of the appellant - Mahender Kumar, who proposed her for marriage and when she agreed, he avoided her for one reason or the other. She had stated in her statement that on 14.01998, appellant - Mahender Kumar called her at Barf Khana, Subzi Mandi for some work and when she reached there, the appellant - Mahender took her to his factory on his two wheeler, where appellant - Rakesh was also present. It is further alleged by the complainant that during their stay at factory, appellant - Mahender suggested her to marry with appellant - Rakesh, to which she refused. Three cups of tea were called and all of them took tea. Thereafter, complainant - Sushma felt giddiness and fell unconscious. She also alleged that the appellants also gave something to the complainant to drink. After drinking that particular thing, she felt some sensation and started vomiting. Blood came out from her mouth and she fell unconscious. She was taken to Hindu Rao Hospital by appellant - Mahender and was admitted there. Accordingly, the case under Sec. 328/506/34 of Penal Code was registered against the appellants.

(3.) Investigation started, appellants were formally arrested as they were enlarged on anticipatory bail. After completion of the investigation, charge sheet under Sec. 328/34 and 506/34 of Penal Code were framed against the appellants and all the incriminating material was put before the accused persons to which they pleaded not guilty and claimed trial.