BALRAJ SINGH ALIAS BALLU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment/order dated 23.01.2008, passed by the Sessions Judge, Amritsar, whereby he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- under Section 302 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months. He was further convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1000/- under Section 376 IPC read with Section 511 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution story are that FIR in the present case was registered on the basis of statement of complainant Jagwinder Singh, who stated that he own a truck and ply the same. He along with his wife Rajbir Kaur, mother Surinder Kaur and younger sister-in-law Kulwinder Kaur wife of Jaswant Singh reside in the same house. His younger brothers Jaswant Singh and Gurmail Singh are working as truck drivers at Ludhiana. On 13.01.2006 in the evening, wife of the complainant namely Rajbir Kaur and his mother Surinder Kaur had gone to the fields to answer the nature call. The complainant Jagwinder Singh along with Raminderjit Singh were talking near the shop situated at Focal Point, Jalal. At about 6.30/7.00 P.M. his mother Surinder Kaur returned after answering the nature call and came at the road near school and started waiting for Rajbir Kaur. During that time Balraj Singh alias Ballu accused, who has been running a cycle repair shop in the village, came there and he caught hold Surinder Kaur from her arms and took her forcibly inside the school through small gate. Accusedappellant started sexually harassing Surinder Kaur, who raised alarm.

(3.) On hearing the hue and cry, complainant along with his friend Raminderjit Singh and wife Rajbir Kaur came inside the school hurriedly. At that time electric bulb was on. They saw that Balraj Singh alias Ballu, on the protest against sexual harassment, inflicted ten grievous injuries with a sharp edged weapon on her abdomen.