Shri Balbir Singh vs Govt. Of Nct Of Delhi
2013 Latest Caselaw 2802 Del

$-8
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         DECIDED ON : 5th JULY, 2013

+                  CRL.A. 50/2011 & CRL.M.B. 690/2013
       SHRI BALBIR SINGH                                   ..... Appellant
                      Through :          Mr.Devraj Singh, Advocate with
                                         Ms.Shagun Anirudh, Advocate.

                     versus
       GOVT. OF NCT OF DELHI                             ..... Respondent

                     Through :           Mr.M.N.Dudeja, APP.

        CORAM:
        HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Open Court)

1. The appellant- Balbir Singh challenges correctness of

judgment dated 25.11.2010 in Sessions Case No. 196/2009 arising out of

FIR No. 130/2009 PS Tilak Nagar by which he was held guilty for

committing offence punishable under Section 307 IPC. By an order dated

30.11.2012, he was sentenced to undergo RI for five years with fine `

2,000/-.

2. Allegations against the appellant were that on 10.06.2009 at

about 06.30 P.M. at House No. WZ- 331, gali No. 19, Guru Nanak Nagar,

Tilak Nagar, Delhi, he attacked his wife- Manjeet Kaur with a dao (toka)

and caused injuries on her head and other parts of the body. After

completion of the investigation, a charge-sheet was filed against the

appellant under Section 307 IPC for which he was duly charged and

brought to Trial. The prosecution examined eleven witnesses to establish

the guilt of the appellant. On appreciating the evidence and taking into

consideration the contentions of the parties, the Trial Court, by the

impugned judgment, held the appellant perpetrator of the crime under

Section 307 IPC and by an order dated 30.11.2010 sentenced him. Being

aggrieved, the appellant- Balbir Singh has preferred the appeal.

3. During the course of arguments, learned counsel for the

appellant on instructions from the appellant- Balbir Singh stated that the

appellant has opted not to challenge the conviction under Section 307 IPC.

He however, prayed for modification of the order on sentence as the

appellant has already undergone more than two years and nine months

sentence.

4. I have considered the submissions of the parties and have

examined the Trial Court record. Since the appellant has not opted to

challenge the findings of the Trial Court on conviction under Section 307

IPC, the order of conviction of the Trial Court stands affirmed.

5. Regarding modification of order on sentence, it reveals that

the appellant was sentenced to undergo RI for five years with fine `

2,000/-. Nominal roll dated 22.06.2013 reveals that he has already

undergone two years, nine months and ten days incarceration as on

22.06.2013. He also earned remission for ten months and twenty days. He

is not a previous convict and is not involved in any other criminal case.

His overall jail conduct is satisfactory. It is stated that the appellant is

aged about 65 years. He married the victim- Manjeet Kaur 44 years ago

and at no stage, there was any quarrel between the two. The appellant

maintained good conduct during Trial. Only motive to attack the victim

alleged is that he wanted to sell the property which was objected to by the

complainant/ victim. The counsel on instructions volunteered to pay `

50,000/- as compensation to the victim.

6. Considering the mitigating circumstances, the substantive

sentence of the appellant is reduced to four years instead of five years.

Other terms and conditions of the order on sentence shall remain

undisturbed. The appellant shall deposit ` 50,000/- with the Registrar

General of this Court within ten days and the amount will be released to

the victim/ complainant- Manjeet Kaur as compensation. Notice will be

issued to the complainant to receive the compensation.

7. The appeal is disposed of in the above terms. Pending bail

application also stands disposed of.

(S.P.GARG) JUDGE

JULY 05, 2013 tr