DEV NARAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by the appellant against the judgment and order dated 23.4.2010 passed by Shri A.S.Grewal, learned Additional Sessions Judge, Sangrur vide which the accused has been convicted under Section 304 Part (II) and sections 325 and 323 of the Indian Penal Code (in short the IPC) and was sentenced to undergo rigorous imprisonment for a period of eight years and to pay a fine of Rs.10,000/- and in default to further undergo rigorous imprisonment for six months under Section 304 Part (II) of the IPC. The accused is further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/- and in default to further undergo rigorous imprisonment for three months under Section 325 of the IPC. The accused is further sentenced to undergo rigorous imprisonment for a period of six months under Section 323 of the IPC. However, all the sentences were ordered to run concurrently.

(2.) Briefly stated the case of the prosecution is that on 5.6.2008 complainant Jatinder Paswan made a statement before the police authorities that he along with his family members were residing in Jhugis (Hut). Near their Jhugi, his masser (maternal uncle) namely Dev Narain Paswan accused was also residing along with them. Dev Narain Paswan had turned out his wife along with the children and as such was residing alone in his Jhugi.

(3.) On appearance of the accused, copies of documents were supplied to the accused free of costs. Since offence under Section 302 IPC was alleged against the accused, therefore, the Illaqua Magistrate committed the case to the Court of Session for trial.