DINA NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has assailed the judgment of conviction and order of sentence dated 11.11.2006, passed by the learned Sessions Judge, Patiala, in Sessions Case No. 4 dated 15.02.2005, emanating from FIR No. 73 dated 14.08.2004, under Sections 302 and 323 of the Indian Penal Code (for short - 'IPC), Police Station Lalru, whereby, he was convicted for commission of offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/- and in default of payment, thereof, to further undergo rigorous imprisonment for a period of one year for commission of offence punishable under Section 302 IPC.

(2.) The period of sentence already undergone by the appellant during the period of investigation and trial was ordered to be set off from the substantive sentence.

(3.) The case of the prosecution is that on 13.08.2004 at about 4.00 p.m., appellant was beating his wife Anita. Shahbir (complainant) and Ram Rattan tried to rescue her from the appellant. That ired the appellant who rushed towards them with spade in his hand and threatened them to kill first. They then retreated. Vidya wife of the complainant-Shahbir was holding her son Vinod Kumar in her lap, while standing at the spot.