RAKESH KUMAR Vs. STATE (UNION TERRITORY, CHANDIGARH)

JUDGEMENT

(1.) HAVING been convicted and sentenced to imprisonment for life with fine amounting to Rs. 5000/ - and in default of payment of fine to further rigorous imprisonment for two months under Section 302 of the Indian Penal Code, 1860 ('IPC', for short) by learned Sessions Judge, Chandigarh vide judgment dated October 09, 2003 and order dated October 10, 2003, convict Rakesh Kumar has invoked appellate jurisdiction of this Court to seek his acquittal by upsetting judgment of his conviction and order on sentence.

(2.) ASHA Devi, aged about 28 years (the deceased) was married to Balram Singh (PW11) in the year 1992. A female child born of the wedlock breathed her last just twenty five days after her birth and the couple adopted daughter of brother of the deceased, named Anu. Balram Singh was employed in Border Security Force and would stay away from his home.

(3.) ON being so requested, Shri Ajay Singhal, Judicial Magistrate Class -I, Chandigarh (PW10) reached PGI and after the deceased was declared fit to make a statement by the doctor vide certificate, Exhibit PM/2, recorded her statement, Exhibit PN.