WASIM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Leave granted.

(2.) Fir was registered on the statement of Sunita (PW-11), the mother of the deceased on 04.11.2015. A charge sheet was filed on 05.02.2016. Later, charges were framed against the Appellant under Section 498A/304B of the Indian Penal Code, 1860 (hereinafter 'IPC'). 23 witnesses were examined by the prosecution and several documents relied upon to prove the guilt of the Appellant. The Trial Court convicted the Appellant under Section 498A and 306 IPC. Sentence of three years' simple imprisonment for the offence under Section 498A IPC and four years simple imprisonment for the offence under Section 306 IPC was imposed on the Appellant. The appeal filed by the Appellant was partly allowed by the High Court. The Appellant was acquitted for the offence under Section 306 IPC. The conviction and sentence under Section 498A IPC was upheld by the High Court. Hence, this appeal.

(3.) The deceased Moniya who was working as a teacher was married to the Appellant on 02.05.2015. PW-11 Sunita deposed that her daughter Moniya was being harassed by the Appellant by demanding dowry. She testified in the Court that on two occasions she gave Rs.40,000/- and Rs.50,000/- to the deceased for handing over the same to the Appellant to meet his demands of dowry. She stated that the same was not informed either to her husband or her son and that she made the payments from her savings. She also spoke about the demand for a bigger car. The Appellant was working in Nagercoil District, Tamil Nadu and he was demanding for air fare to travel to the place of his work. PW-11 further stated that she was informed by the deceased that the Appellant had extra marital relations with one Poonam and he informed the deceased that he intended to marry Poonam after leaving the deceased.