CHANDER BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is by the accused against his conviction by Additional Sessions Judge (I), Kangra, in Sessions Case No. 2 of 1990 whereby the accused has been convicted by decision of 23 -6 -1990 for offence under Ss. 452 and 307, Indian Penal Code and sentenced to rigorous imprisonment for a term of two years and to pay a fine of Rs. 1000/ - and in default of payment of fine to undergo further simple imprisonment for six months for offence under Sec. 326, Indian Penal Code, and for offence under Sec. 452, Indian Penal Code, he has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/ - and in default of payment of the same, to suffer further simple imprisonment for one month. It has also been ordered that Rs. 500/ -, on the recovery of the fine from the accused, be paid to the complainant Smt. Mindo Devi for the injury suffered by her. However, the sentences have been ordered to run concurrently. The accused has been given the benefit of Sec. 428 of the Criminal Procedure Code.

(2.) Since the learned Counsel for the accused confined his submissions to the sentence part of the case submitting that the sentence imposed in this case may be reduced as the accused is a first offender and has to look -after his family in Nepal. Therefore, instead of going into the details of the matter, broad facts of the case are being given in this judgment, then, finally, touching the aforesaid prayer of the learned Counsel for the accused.

(3.) The allegation against the accused is that on 9 -10 -1989 at about 8 p.m. while complainant Smt. Mindo Devi (PW -5) was in her room along with her sister Smt. Sita Devi (PW -6) and children, the accused came in a drunken condition. He demanded liquor from Smt. Mindo Devi who, finding that the accused was drunken, asked him to go out. The accused lost his temper and started asking Smt. Mindo Devi as to why she had kept some -one else with her and that she was not leading a chaste life. On this, Smt. Mindo Devi wanted to push him out of the place and while doing so, the accused stabbed her with a small knife in her stomach. Smt. Mindo Devi and her sister Sita Devi raised hue and cry. Smt. Mindo Devi fell down on the ground and started bleeding. People came to the scene and Smt. Mindo Devi was shifted to the hospital at Baijnath by an Electricity Department Truck.