Dayal Chand @ Dal Chand vs The State (Govt. Of Nct) Of Delhi
2014 Latest Caselaw 1398 Del

$-13
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         DECIDED ON : 14th MARCH, 2014

+                            CRL.A.339/2012

       DAYAL CHAND @ DAL CHAND                              ..... Appellant

                             Through :     Ms.Rakhi Dubey, Advocate.


                             versus

       THE STATE (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. Dayal Chand @ Dal Chand (the appellant) has preferred the

appeal to challenge his conviction under Section 308 IPC by a judgment

dated 18.01.2012 in Sessions Case No. 28/2011 arising out of FIR

No.190/2011 PS Kalyan Puri and order on sentence dated 20.01.2012 by

which he was awarded RI for four years with fine ` 10,000/-. Allegations

against him were that on 13.06.2011 at about 06.30 P.M. at house no.

13/238, Trilok Puri, he inflicted injuries to Gulab Devi (his mother). The

trial resulted in his conviction under Section 308 IPC. During arguments,

appellant's counsel on instructions stated at Bar that the appellant has

opted not to challenge the findings of the Trial Court on conviction.

Prayer was made to take lenient view as the appellant has undergone

substantial period of substantive sentence.

2. Since the appellant has given up challenge to the findings of

the Trial Court on conviction in view of the overwhelming evidence of the

victim - Gulab Devi corroborated by his wife PW-5 (Kailashi) coupled

with medical evidence, conviction under Section 308 IPC is affirmed.

Nominal roll dated 07.03.2014 reveals that he has suffered incarceration

in this case for two years, eight months and twenty five days besides

remission for eight months and fourteen days as on 07.03.2014. The

unexpired portion of sentence was six months and twenty one days on that

day. It further reveals that he is not a previous convict and is not involved

in any other criminal case. His overall jail conduct is satisfactory. The

appellant was under the influence of liquor when in a fit of rage, he threw

a pressure cooker at his mother in a quarrel and she sustained 'grievous'

injuries on her head. The appellant was unable to furnish surety bond due

to poverty and remained in custody. Considering the mitigating

circumstances, the period already spent by the appellant in custody is

taken as substantive sentence under Section 308 IPC. Other terms and

conditions of the sentence order are left undisturbed except that the

default sentence for non-payment of fine ` 10,000/- would be 15 days.

3. Appeal stands disposed of in the above terms. Trial Court

record be sent back immediately with the copy of the order. A copy of the

order be sent to the Superintendent jail for information.

(S.P.GARG) JUDGE

MARCH 14, 2014/tr