NET RAM Vs. STATE DELHI ADMN

JUDGEMENT

(1.) Above referred appeals are directed against the impugned judgment dated 19.05.1997 in Sessions Case No. 120/95, FIR No. 434/95 P.S. Saraswati Vihar in terms of which the appellants Bajrang, Malti Devi and Net Ram have been convicted on the charges under Sections 498A read with Section 34 IPC and Section 302 IPC read with Section 34 IPC and the consequent order on sentence dated 21.05.1997.

(2.) Appellant Net Ram in Criminal Appeal No. 239/97 passed away during the pendency of the appeal on 30.01.2008. However, his family members, namely his widow Malti Devi and son Bajrang insisted that his (Net Ram) appeal be decided on merits.

(3.) Briefly stated, case of the prosecution is that Bimla (hereinafter referred to as ,,deceased) was married to the appellant Bajrang on 19th February, 1995. Appellants Malti Devi and Net Ram are her mother-in-law and father-in-law. On 07th July, 1995 at about 10:10 am, deceased was brought to Jaipur Golden Hospital by the appellant Malti Devi with the "alleged history of having become unwell after consuming tablet ,,Anacin". She was examined by Dr. Vishal Bhatia (PW20) vide MLC Ex.PW20/A. Her pulse was not palpable, B.P. not recordable, no breath sound was audible and pupils were dilated and fixed. Dr. Vishal Bhatia tried to revive her but his efforts yielded no result and she was declared brought dead. On 08th July, 1995, PW24 Sh. Virender Kumar, SDM, Punjabi