PYARE LAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Pyare Lal, the appellant herein, has preferred this appeal against the impugned judgment and order on sentence respectively dated 18.11.2004 and 22.11.2004 in Sessions Case No. 50/2002 FIR No. 124/2002 under Section 498A, 304-B IPC read with Section 34 IPC P.S. Bara Hindu Rao, whereby the appellant has been convicted and sentenced accordingly for the offence punishable under Section 304B IPC and Section 498A IPC.

(2.) Briefly stated, case of the prosecution is that Ms. Suman (deceased) was married to the appellant Pyare Lal in the year 1998. Suman died an unnatural death on 15.05.2002. She was found hanging from the ceiling fan in her matrimonial house No. 2685, Gali Shyamwali, Teliwara, Delhi. FIR in this case was registered on the basis of statement (Ex.PW4/A) made by Niranjan (PW4), brother of the deceased before the SDM on 15.05.2002. In the said statement, complainant Niranjan alleged that his sister Suman was married to the appellant Pyare Lal and sufficient dowry was given in her marriage. Appellant and his co-accused persons namely his father Kanwar Singh and brother Laxman were not satisfied with the dowry brought by Suman. Six months after the marriage, they started making the demand for money and in connection with said demand, they also started harassing and subjecting the deceased to cruelty and that the appellant used to beat the deceased after consuming liquor and also on occasions, used to snatch the child of the deceased from her. Complainant Niranjan expressed his suspicion that his sister was killed by the appellant, his father Kanwar Singh and brother Laxman. He also claimed that he was informed about the incident on telephone and that before that, Pyare Lal had also telephonically intimated at his house that Suman has committed suicide by hanging.

(3.) On completion of formalities of investigation, the appellant, his father Kanwar Singh and his brother Laxman were challaned and sent for trial for the offences punishable under Section 498A and 304B IPC read with Section 34 IPC.