JASVEER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is received from jail. Appellant, by way of present appeal, is assailing the judgment and order dated 18.12.2010 passed by Sessions Judge, Tehri Garwhal in Sessions Trial No. 13 of 2010 whereby appellant was found guilty for the offence punishable under Section 307 IPC and was sentenced to undergo 5 years rigorous imprisonment and to pay fine of Rs. 10,000/ - failing which to undergo five months additional imprisonment. Brief facts of the present case, inter alia, are that P.W. 1 Urmila (informant) lodged an FIR with police station Chamba, Tehri Garhwal to the effect that on 11.04.2010 her brother -in - law Jasveer Singh (appellant herein) was having quarrel with her husband Yashwant Singh; all the family members tried to cool him down but remained unsuccessful; at about 09.30 p.m. appellant assaulted her husband several times with knife with an intention to kill him; having received the injuries at the hands of appellant, her husband fell down; she and her mother -in -law P.W. 2 were present on the spot; having heard the hue and cry, Rakesh Rawat, Ashtam Singh and other villagers reached to the spot; Yashwant Singh was taken to hospital in 108 Ambulance.

(2.) HAVING registered the FIR, P.W. 8 commenced the investigation. On completion of the investigation, a chargesheet was submitted against the appellant under Section 307 IPC. The trial was committed to the Court of Session and the Sessions Court has framed charge under Section 307 IPC against the appellant. Appellant denied the charge and claimed trial.

(3.) HAVING heard the learned counsel for the parties and on going through the material available on record, the trial court has passed the judgment and order under appeal.