DEEPAK ALIAS DEVENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This jail appeal has been preferred by the convict Deepak @ Devendra against the judgment and order dated 14.9.2015 rendered by the 4th Additional Sessions Judge, Dehradun finding the appellant guilty for the offence of Section 307 IPC and sentenced him to undergo 7 years' rigorous imprisonment, in addition to fine of Rs. 20,000/-. In default of payment of fine, convict has been directed to undergo further one year's simple imprisonment.

(2.) I have heard Mr. Siddhartha Jain, learned Amicus Curiae for the appellant and Mr. T.C. Agarwal, learned A.G.A. for the State.

(3.) The facts as emerging out from the whole prosecution story are that the victim Smt. Ganga Devi was married to the accused on 4.3.2005. Their matrimonial relations somehow could not remain harmonious and the differences aggravated to the extent of filing divorce petition by the wife against her husband. Two children born out of the wedlock and by the time the incident occurred, they had grown up to the age of adolescence. The accused was feeling aggrieved by the step taken by his wife to file the divorce petition, though she was constrained to live with her husband in the same house. The accused was a driver of a small commercial vehicle and on the date of incident on 20.7.2013, at around 1.00 PM, when he found an opportune moment that Smt. Ganga Devi was at the distance of 10-15 metres from the vehicle Chhota Hathi bearing no. UK07-CA-6148, he dashed his wife who was going ahead along with her two children. By this act of the accused, Smt. Ganga Devi became seriously injured inasmuch as she suffered fracture in her hip and right ankle. The two children were scattered in the sides by this sudden dashing. Only one son could sustain some injuries.