Man jailed for 7yrs on wife`s testimony

A Delhi court has awarded a seven-year jail term to a man, convicting him on charges of trying to kill his brother-in-law even as the victim died around a fortnight later allegedly due to injuries sustained during the assault.

Updated: Dec 09, 2010, 18:03 PM IST

New Delhi: A Delhi court has awarded a
seven-year jail term to a man, convicting him on charges of
trying to kill his brother-in-law even as the victim died
around a fortnight later allegedly due to injuries sustained
during the assault.

The court convicted the man on charges of attempt to
murder on the testimony of his wife as the prosecution failed
to prove through forensic evidence that the victim died due to
the injuries inflicted during the assault.
"It is a case in which the convict (Sanjeev Kumar) is
held guilty for attempt to murder of his brother-in-law and
his wife has given statement against him," District Judge S K
Sarvaria said.

Despite victim Nanak Chand`s death, the court convicted
the accused on attempt to murder charges, noting the paucity
of evidence to prove murder charges against him.

"The direct nexus between the death of the victim and
the injuries inflicting upon him by Kumar is not clearly
established by the medical evidence," the court said.

"The prosecution has proved that accused attempted to
commit murder of Nanak by inflicting injuries on his neck and
chest...but it has failed to prove that the death of the
victim surely is a natural consequence or cause of those
injuries inflicted by the accused upon the victim," it added.

The court also imposed a fine of Rs 2,000, while
noting that criminal antecedents of Kumar, who, police said,
was involved in 18 criminal cases.
The judge convicted Kumar, dismissing his contentions
that he was implicated in the case by the police in connivance
with his wife as he was having strained relations with her.

Kumar`s wife Hema Rani had deposed that on July 5, 2007,
her husband had picked up a fight with her for failing to give
him Rs 2,000 and her elder brother intervened to pacify him.

She told the court that her enraged husband, however,
attacked her brother with a broken cold drink bottle
inflicting grievous injuries on his neck and chest.

After leaving her brother lying in a pool of blood, he
ran towards her, threatening to kill her, said Rani, adding
that she was able to save her life and those of her children
taking shelter in her neighbour`s house.

She said her brother had to be taken to hospital where
he died on July 21.

"Looking on the gravity of the offence committed by the
convict Sanjeev Kumar and over all facts and circumstances of
the case, I sentence him to undergo rigorous imprisonment for
seven years," the judge said.

PTI