AJAY KAMBOJ Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 1.10.2009 and order dated 3.10.2009 passed by Sh. Kewal Krishan Garg, the then Sessions Judge, Chandigarh vide which the accused has been convicted under Section 307 IPC sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 5000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months.

(2.) SHORN of unnecessary details, the brief facts of the case are that on 11.10.2006 an information was received by SI Udaypal Singh at Police Station Sector -19, Chandigarh regarding a quarrel near Piccadly Chowk, Chandigarh. ASI Rakesh Kumar and others police officials were present there. The accused Ajay Kamboj was found in the custody of ASI Rakesh Kumar having blood stained sickle in his hand. The injured was taken to the hospital. SI Udaypal Singh went to Government Medical College and Hospital, Sector -32, Chandigarh and recorded the statement of Miss Shivani injured who was declared fit to make statement. She has stated that she is residing in House No. 3132, Sector -21/D, Chandigarh along with her sister Archana Kamboj and cousin Arti and was pursuing the course of Air Hostess in Sector -34, Chandigarh. Accused Ajay Kamboj is her distant relative and she met her about two years back in a marriage. Accused was keeping bad eye on her. She took admission for Air Hostess in Karnal in June, 2006. When the accused came to know about this, he started chasing her and compelled her to marry him. She disclosed this fact to his father, who lodged the report with the police. Due to fear her father shifted her to Chandigarh.

(3.) ON 11.10.2006 at 12/12.15 PM, Miss Shivani along with her cousin Arti was coming to her house from the institute. When they were going on katcha path, the accused came from behind and told that she should not be escaped and he would kill her. He assaulted her and inflicted injuries on her head and hands with iron datar. She fell on the ground and raised an alarm which attracted one boy, namely, Vishal who rescued her. Thereafter, she was taken to the hospital. On the basis of her statement, formal FIR was recorded. After completion of investigation, challan was presented against the accused.