ASHOK KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Six accused; the husband, the mother-in-law, the elder brother of the husband, the wife of the elder brother of the husband and the two sisters of the husband of the deceased, Bharti were charged for the offence punishable under Section 498-A/34 IPC. Four of them, the husband, the mother-in-law, the elder brother of the husband and the wife of the elder brother of the husband of the deceased were also charged for the offence punishable under Section 302/34 IPC pertaining to the death of Bharti, who admittedly suffered burn injuries in her matrimonial house at around 3:00 P.M. on 28.04.2002. As a result of the burn injuries she died on 05.05.2002.

(2.) Disbelieving the testimony of Krishan Lal PW-6, Shanti Devi PW-13 and Sunil Kumar PW-15, father, mother and brother of Bharti pertaining to dowry demands and cruelty towards the deceased by the family members save and except the appellants as also disbelieving the testimony of Krishan Lal pertaining to the alleged dying declaration made by the deceased to him and accepting the statement Ex.PW-1/A of Bharti as made to Sh. V. Valte, SDM of the area (PW-14) on 29.04.2002, all the accused, save and except accused Ashok Kumar the husband of the deceased and Kaushalya Devi, the mother-in-law of the deceased have been acquitted. Ashok Kumar and Kaushalya Devi have been convicted for the offences punishable under Sections 302/498-A/34 IPC, vide judgment and order dated 25.03.2008 and vide order on sentence dated 28.03.2008, for the offence of murder, they have been sentenced to undergo imprisonment for life. For the offence punishable under Section 498-A IPC, the two have been sentenced to undergo imprisonment for a period of two years.

(3.) Arguing the appeal today, learned Counsel for the appellants Sh. Vijay Babbar Advocate has restricted submissions to the appellants being convicted for the offence of murder, stating that he does not challenge their conviction for the offence punishable under Section 498-A IPC inasmuch as the two have already undergone the imprisonment for a period much in excess of two years.