SHANKAR @ JUDDI Vs. STATE OF U. T.

JUDGEMENT

(1.) The present appeal is instituted against judgment dated 3.9.2014 and order dated 5.9.2014, rendered by learned Additional Sessions Judge, Chandigarh, in Sessions Case No. 0000864 of 2014. Appellant Shankar @ Juddi was charged with and tried for the offence punishable under Sections 354-A and 302 IPC. He was convicted and sentenced under Section 302 IPC to undergo life imprisonment and to pay fine of Rs. 20,000/-and in default of payment of fine, to further undergo rigorous imprisonment for two years. He was also convicted and sentenced under Section 354-A (2) IPC to undergo rigorous imprisonment for one year. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution in a nutshell is that on 15.12.2013, when SI Balwinder Singh along with other police officials was on patrol duty in the area of Bapu Dham Colony, a wireless information regarding stabbing incident near Jhuggi No. 2690, Madrasi Colony, Bapu Dham Colony, was received. SI Balwinder Singh reached the spot. The injured was removed to PGI. The police party reached the hospital where complainant Bhanwati recorded her statement. According to her, she was residing in House No. 2690, Madrasi Colony, Bapu Dham Colony, Sector-26, Chandigarh, with her family members. She used to sell vegetables in Grain Market, Sector-26, Chandigarh. On 15.12.2013 at about 4.15 A.M., when she came out of her jhuggi to answer call of nature and had covered some distance, a youth came from the front side on the KACHA RASTA towards Sukhna bridge. He came near her and embraced her. When she protested, he picked up a stone and caused injuries on her arm and shoulder. When she raised alarm, her brother-in-law Pappu, who was sleeping in the jhuggi came to the spot. He tried to overpower the accused, who gave him knife blows towards the left side of his chest with the intention to kill him. Her brother-in-law fell down due to the injuries received. The police was informed. The injured was removed to the hospital. Pappu died. The dead-body was sent for post-mortem examination to General Hospital, Sector-16, Chandigarh. Investigation was initiated and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statement of the accused was also recorded under Section 313 Cr.P.C. He denied the case of the prosecution. He was convicted and sentenced, as noticed above. Hence, the present appeal.