GAURAV @ BILLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is preferred by Gaurav @ Billa against the judgment of conviction and order of sentence dated 02.03.2009 passed by the Additional Sessions Judge, Jalandhar, whereby the appellant was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1000/- for an offence punishable under Section 307 IPC and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/- for an offence punishable under Section 326 IPC. In the event of default of payment of fine, the appellant was ordered to further undergo rigorous imprisonment for a period of six months. However, both the sentences were ordered to run concurrently.

(2.) Today, none has put in appearance on behalf of the appellant, but an affidavit has been filed on behalf of the Superintendent, Central Jail, Jalandhar at Kapurthala to the effect that the appellant has completed his period of sentence and also the period of sentence in default of payment of fine.

(3.) The prosecution case was set in motion, when SI Sarbajit Singh on receipt of wireless message reached at Civil Hospital on 07.08.2006. The message was to the effect that Seema daughter of Ashok Kumar resident of H.No.WT 317, Basti Sheikh is admitted in the Civil Hospital in an injured condition due to throwing of the acid upon her. Thereafter, he moved two applications Exs.PB and PC, but the Doctor opined that the injured was unfit to make statement. It was on 09.09.2006, he recorded the statement (Ex.PA) of Seema after she was declared fit to make statement on his application Ex.PD.