RAKESH Vs. STATE OF DELHI

JUDGEMENT

(1.) These are two connected appeals, one by Rakesh (hereafter referred to as "the accused") and the other by Nemwati (hereafter "the victim"). The accused challenges the judgment dated 16th May 2015 passed by the learned Additional Sessions Judge, North West (hereafter "the trial Court") in Sessions Case No. 50/2014 arising out of FIR No. 151/2014 registered at Police Station ("PS") Sultan Puri convicting him for the offences under Sections 326 and 342 IPC as well as the order on sentence dated 19th May 2015 whereby for the offence under Section 326 IPC, he was sentenced to Rigorous Imprisonment ("RI") for five years along with fine of Rs. 10,000/-, and in default of payment of fine to undergo simple imprisonment (SI) for one month whereas for the offence under Section 342 IPC he was sentenced to SI for one year along with fine of Rs. 1,000/-, and in default of payment to undergo SI for one week. The accused was also directed to pay Rs. 30,000/- as compensation to the victim under Section 357A Cr PC.

(2.) As far as the victim is concerned, she questions the impugned judgment in so far as the trial Court has acquitted the accused of the offence under Section 307 IPC and converted that offence into one under Section 326 IPC and sentenced him accordingly.

(3.) The charge against the accused as framed by the trial Court by the order dated 3rd July 2014 was that on the intervening night of 8th/9th February 2014 at 1 am at Jhuggi No. 260, near Bhalla Factory, HIG Labour Colony, Sultan Puri, he attacked his wife, the victim, with a kitchen knife causing grievous injuries to her nose, cheek and behind the ear; he also hit her head with a "Sil batta (piece of stone used for grinding)" as a result of which she fell unconscious; he then left her in the jhuggi and locked it from outside. He was charged with committing the offence of attempt to murder punishable under Section 307 IPC and wrongfully confining the victim in the jhuggi thereby committing an offence punishable under Section 342 IPC.