DR. JHAMMAN LAL Vs. STATE (DELHI ADMINISTRATION)

JUDGEMENT

(1.) 1. The present appeal has been filed under Sec. 372 read with Sec. 382 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Criminal Procedure Code") challenging the judgment of conviction and order on sentence dated 16.12.2000 and 18.12.2000, respectively, passed by the Court of learned Additional Sessions Judge, New Delhi. By virtue of the said judgment the appellant has been sentenced to undergo Rigorous Imprisonment for a period of five (5) years and to pay a fine of Rs. 1000.00 under Sec. 316 of the Indian Penal Code, 1860 (hereinafter referred to as "Indian Penal Code"). In default of the payment of fine, appellant has been directed to undergo Simple Imprisonment for a period of one (1) month. The period already undergone by the appellant during the investigation and trial is to be set off under section 428 Criminal Procedure Code

(2.) Brief facts of the case as noticed by the learned Additional Sessions Judge are as under.

(3.) On 14.01.1995 DD No.11-B was received in Police Station Ambedkar Nagar at about 9:50 a.m. wherein it was stated that a quarrel has taken place in house no.20/104, DDA Flats, Dakshinpuri, Delhi. Lady constable Neelam (No.328) along with constable Virender Singh (No.1300) visited the said flat, wherein they found that the flat was locked. On enquiry it was revealed that Guddi, wife of the appellant was taken to AIIMS hospital. They reached the AIIMS hospital where it was found that Guddi was admitted to the hospital vide MLC No.3208/95 and thereafter she was referred to Safdarjung Hospital. They reached Safdarjung Hospital along with S.I. Kishan Lal, where Guddi was declared unfit for making a statement. On 15.1.1995, S.I. Kishan Lal along with constable Jai Kishan went to the Safdarjung hospital and after obtaining permission from the doctor, recorded the statement of Guddi. As per the statement of Guddi, she got married to the appellant about 12/13 years back and out of the wedlock she had given birth to two children, namely, Dinesh and Ishwari. About three years ago she had given birth to a dead son and thereafter she fell sick and her husband/ appellant did not help in her treatment. She further stated that her husband (appellant herein) used to often beat and torture her and that about two and a half years ago she had filed a complaint against her husband. During the proceedings in the said case of maintenance, appellant admitted his guilt and promised not to beat and quarrel with her in future. Thereafter, her husband made her withdraw the said complaint of maintenance against him and thereafter, he took her to the matrimonial home where she stayed with her husband and minor children. After sometime, her husband started torturing her once again, when she was in advance stage of her pregnancy (in seventh month). The appellant accused her that the child in her womb was not his and further stated that he would not allow her to remain in the matrimonial home. Thereafter she had started living with her parents. Guddi further stated that on 14.1.1995 she had gone to Lady Harding Hospital for her medical check-up where she was advised to bring her husband. Guddi went to her husband's house at about 9:30 a.m., where her husband gave a kick blow on her stomach. Due to the kick blow on her stomach by the appellant, she suffered labour pains and bleeding started. Guddi was brought to the AIIMS hospital and from AIIMS she was referred to Safdarjung Hospital where she gave birth to a dead child on 16.1.1995. On the basis of statement made by Guddi, an FIR was registered. During the course of investigation statement of Guddi; her mother, Smt. Rukma Devi; and her brother, Hem Raj was recorded.