PHOOL SINGH Vs. STATE

JUDGEMENT

(1.) Two appeals have been filed under Section 374 of the Code of Criminal Procedure, 1973 against the judgment dated 7.4.2001 and order on sentence dated 18.4.2001, passed by the learned Additional Sessions Judge, Delhi. Appeal bearing No. 280/2001 has been filed by the uncle and aunt (MAUSA AND MAUSI) of the husband of the deceased. They have been convicted and sentenced to Rigorous Imprisonment for a period of two years with a fine of Rs. 5,000/-, for the offence under Section 498-A, IPC. In default of the payment of fine, appellants have been directed to undergo a further Rigorous Imprisonment for a period of three months.

(2.) Appellants in Appeal bearing No. 333/2001 are the mother-in-law, husband and father-in-law of the deceased, who have been convicted for the offence under Section 304-B, IPC and sentenced to undergo Rigorous Imprisonment for a period of ten (10) years. The appellants have also been convicted under Section 498-A, IPC and sentenced to suffer Rigorous Imprisonment for a period of three years and a fine of Rs. 1000/-. In default of the payment of fine, appellants are to suffer Rigorous Imprisonment for a period of one month.

(3.) Both the appeals have been heard together and are being disposed of by a common judgment. It may be noticed that as per the report received from the Registry, trial court record has been misplaced. As jointly agreed by counsel for parties, counsel for appellants handed over a compilation comprising of the judgment and copies of the evidence to the Court as well as to counsel for the State. Since the matter was ripe for hearing as agreed by counsel for parties, matter has been heard on the basis of compilation handed over to Court.