STATE Vs. RAVI SINGH

JUDGEMENT

(1.) CRL.M.A.No.15002/2010 Allowed subject to all just exceptions. Application is disposed of. CRL.M.A.No.15004/2010 This is an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing the petition seeking leave to appeal.

(2.) THE applicant has contended that the delay of 78 days occurred on account of the file being put up before different officials details of which are given in the application. For the reasons stated in the application there is sufficient cause to condone the delay. THErefore, the application is allowed and delay in filing the petition for leave to appeal is condoned. Crl.L.P.No.332/2010

(3.) PURSUANT to DD No. 5 A which was exhibited as Ex PW7/A recorded at 8:15 a.m. on 7th January 2007, at PS Sangam Vihar, SI Balbir Singh, PW16 and Ct Subhash reached the place of incident which was residential house K-1/18C/43 and there the body of the deceased victim Mamta was found which was hanging by a Ligature (sari) from the pipe in the roof of a room. Since the death of the victim was within 7 years of marriage and it was under unnatural circumstances, the SDM of the area Sh. Tirlok Sharma, PW-10 was apprised about the situation. Photographs of the site were taken by a crime team and the body was removed to AIIMS Hospital by ambulance. Relevant articles including saree, which was ligature was seized. The Executive Magistrate had recorded the statement of Rajesh Kumar PW- 3 and Kishan Devi PW-1, proved as Ex. PW1/A and Ex PW 3/C and on the direction of the Executive Magistrate, the FIR was registered as the case of dowry death and cruelty. On the same day accused persons Ravi and his father were arrested from their house.