DIWAN SINGH Vs. STATE

JUDGEMENT

(1.) The appellant, Diwan Singh, husband of deceased Smt. Mansa has challenged his conviction under Section 498A and Section 302 of Indian Penal Code by order dated 6th June, 2001 and his sentence under Section 302 of IPC for imprisonment for life and a fine of Rs. 50/- and in default to undergo rigorous imprisonment for seven days and under Section 498A of IPC for three years and a fine of Rs. 100/- and in default to undergo a further rigorous imprisonment for seven days by order dated 11th June, 2001. Both the sentences were ordered to run concurrently and benefit of Section 428 of Crl. Procedure Code was given to him.

(2.) The present appeal was admitted on 5th November, 2001 and on 16th September, 2005, after undergoing incarceration for about seven years, the appellant's sentence was suspended and he was released on bail on furnishing a personal bond in the sum of Rs. 10,000/- with one surety of like amount. The appellant was also directed to report to the SHO of the concerned Police Station on 7th day of every alternative month by the said order.

(3.) The appellant was married to deceased Smt. Mansa in February, 1992 and on 20th September, 1992 she was admitted to Safdarjung Hospital by her sister-in-law Urmila, DW-1 after she was taken there in the police van. The intimation about the burning of the deceased Smt. Mansa was given by the husband of the owner of the house, Smt. Vani Anand, PW-1 in whose house on the 5th Floor, the deceased was residing with her husband and Smt. Urmila, her sister-in-law (wife of the elder brother of the appellant) who was the maid in the house.