ASHOK KUMAR Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) This is an appeal directed by accused-appellant Ashok Kumar against the judgment and order dated 13.05.2003 passed by Sh.Tejwinder Singh, Addl. Sessions Judge, Chandigarh, vide which the accused has been convicted under Sections 397 and 411 IPC and sentenced him to undergo rigorous imprisonment and to pay a fine as under:- Name of accused persons Under Sections Sentence awarded In Default of fine Ashok Kumar 397 IPC R.I for seven years and to pay a fine of Rs. 5,000/-. Imprisonment for one month.

(2.) However, both the sentences were ordered to run concurrently.

(3.) Briefly stated the case of the prosecution as enumerated from the record is that Balbir Singh made statement that on the intervening night 21/22.5.2000, he was sleeping at the roof of his house and at about 4.00 A.M. he heard some noise so he came down and saw the accused, who was his tenant running towards the gate. After entering into his house, he saw his wife lying unconscious with blood oozing out of her mouth and head. He has further stated that he took her wife to the PGI in the three wheeler immediately. Said Ashok Kumar was working with him as helper at Rana Flour Mill in village Maloya, he has entered into the house and beaten his wife and removed a pair of silver pajaib and gold ear ring of his wife. He took Rs. 700/- cash and NSC Certificate, the detail of which is given in the FIR. These certificates were issued by the Government of Punjab, SDM Mohali, because his father Gian Singh and mother Nachater Kaur were killed by the terrorist. The said NSC are in his name with maturity on 5.02.2004. The total value of those NSC was Rs. 24000/-. He has further stated that since he was busy in getting the treatment. He could not lodge the FIR at the earliest. After completion of the investigation, the challan was presented against the accused.