VINOD KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant, Vinod Kumar, was convicted for an offence punishable under Section 302 of the Indian Penal Code by Sbri P.C. Jain, Additional Sessions Judge, Delhi vide his judgment dated the 31st August. 1987. By a separate order of the same date, the trial court sentenced the appellant to undergo life imprisonment.

(2.) Mr. P.P. Grover, learned counsel for the appellant, on 6th September, 1988 made a statement before us that he was confining the appeal only to the nature of the offence made out by the prosecution against the appellant. His statement, which we have noticed in the minutes of the proceedings of that date was "the appellant is accepting the finding of the Sessions Judge on merits of the case, According to him the case made out against the appellant falls within the provisions of Part II of Section 304 of the Indian Penal Code." Thus it is not necessary for us to assess the case of the prosecution on merits.

(3.) The appellant was a young man of about 19 years of age on 30th June, 1985, the date of offence. He had married one Yashoda about 3 years prior to that date. Admittedly, he had a wild temper; he was giving beating to his wife off and on. On 20th March, 1985 he bad asked his wife to get Rs. 200.00 (Rupees two hundred) from her parents, who also resided at Delhi. On her refusal to do so he bate her. Yashoda, who received some injuries was admitted to the hospital. It is not clear from the prosecution evidence as to when she joined the matrimonial home after the beating of 20th March. 1985 but this matter was reported to the police.