GULAM DASTGEER Vs. STATE

JUDGEMENT

(1.) Mr. Deepak Goyal learned Amicus-Curiae contended that the accused-appellant is in jail since 10th March, 1993 and he could not submit the bail bonds, as such, the appeal itself be heard. Mr. R.S. Agrawal, learned P.P. has no objection for the same.

(2.) The appellant has filed the appeal through jail against the order of conviction dated July 13,1993 passed by the learned Sessions Judge, Sikar in Sessions Case No. 50/93, whereby, the appellant was convicted and sentenced u/s 307 IPC to four years' R.I. and a fine of Rs. 500/-. In default of payment of fine, further simple imprisonment for three months was awarded. He was also convicted u/s 324 IPC and sentenced to one year R.I. by the said Court. The substantive sentences were ordered to run concurrently.

(3.) The case was registered on the Parcha-bayan of Smt. Jubeda wife of the appellant, recorded by the Assistant Sub-Inspector PS Kotwali, Sikar on March 10, 1993. In her statement, she stated that she was sleeping in her room alongwith children, then her husband-appellant, who was reading a book, came there and said, "I will kill you and three children". When she asked him as to why he wanted to kill them and when she wanted to go out, her husband picked a Chhuri, which was lying on the ventilation and inflicted blows on her chest. On her cry, her Jethani, Smt. Rashida, and the neighbours came. She was taken to hospital, where her statement was recorded.