LAWS(DLH)-2010-3-353

GIRAJO DEVI Vs. STATE

Decided On March 26, 2010
Girajo Devi And Others Appellant
V/S
STATE (DELHI ADMN.) Respondents

JUDGEMENT

(1.) The appellants Girajo Devi, Ram Bahadur, Satender @ Satte and Ramesh Chand have preferred this joint appeal against impugned judgment dated 17th October, 1995 in Sessions Case No. 109/90, FIR No. 242/90, P.S. Malviya Nagar in terms of which the appellants have been convicted for the offences punishable under Section 498-A and 304-B, both read with Section 34 IPC as also against the consequent order on sentence dated 18th October, 1995 in terms of which all the appellants have been sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 2000/- each, in default of payment of which, to undergo rigorous imprisonment for further period of six months for the offences under Section 304-B/34 IPC and also to undergo rigorous imprisonment for the period of three years and to pay fine of Rs. 1000/- each, in default of payment of which, to undergo rigorous imprisonment for the period of three months respectively under Section 498-A/34 IPC.

(2.) During the pendency of appeal, the appellant Ram Bahadur expired, as such, the appeal against him abated. The appellant Satender @ Satte absconded during the pendency of appeal and was declared proclaimed offender. The appellant Ramesh Chand is in judicial custody and the appellant Girajo Devi is on bail.

(3.) Briefly stated, case of the prosecution is that Ms. Manju (hereinafter referred to as "deceased") was married to the appellant Ram Bahadur (since expired) on 15th February, 1989. On 12th June, 1990, her dead body was found in burnt condition in the latrine of her matrimonial home i.e. House No. 87/4, Sector 1, Pushp Vihar, New Delhi. Someone conveyed this information on 12th June, 1990 at 1:50 pm, which information was conveyed by PCR to the Police Post, Pushp Vihar, New Delhi. The information was recorded in the daily diary maintained in the Police Post, Pushp Vihar as Entry No. 12 and a copy thereof was sent to the Police Station Malviya Nagar. On receipt of the copy of DD No. 12, SI Murari Lal proceeded to the place of occurrence where he found the dead body of the deceased lying in the toilet of House No. 87/4, Sector 1, Pushp Vihar, New Delhi. The parents of the deceased were also present there. Sh. B. K. Sehgal, PW18, the then SDM, South Delhi also reached at the spot and recorded the statement Ex.PW11/A of Kanti Devi, mother of the deceased (PW11).