PRAKASH WATI Vs. STATE OF DELHI

JUDGEMENT

(1.) On 31st May, 1990 an information was received at PS Civil Lines vide DD No. 11A that one Smt. Varsha Gupta, wife of Ravi Gupta was admitted in Tirath Ram Hospital after consuming poison. On the Investigating Officer SI R.R. Khatana reaching the hospital, he collected the MLC of Varsha Gupta and found that she was declared dead.

(2.) The deceased was married to Ravi Gupta, the Appellant No. 2 on 1st November, 1987. The SDM who inspected the scene of the crime and the dead body found that she died under suspicious circumstances after consuming some poisonous substance. On the basis of the typed statement of Usha Devi, the mother of the deceased, the SDM directed that FIR be registered. Smt. Usha Devi PW1, alleged that the in-laws of the deceased Varsha Gupta sent a message through their landlord who was a friend of the father of the deceased, that they wanted " 5 lakhs to be spent in the wedding of the Appellant No. 2, however, they were ready to consider the proposal of Varsha as their daughter-in-law for a lesser amount, since Varsha was beautiful. Moreover, they knew that the girl's side always spends more than what they state, so they were hopeful of getting more than Rupees Four Lakhs in the marriage of their son with Varsha. Within 3-4 days of the marriage, the mother-in-law of the deceased, Smt. Prakash Wati started taunting her daughter-in-law that she had brought insufficient dowry and that she had expected a diamond set but her mother has given only one gold set Though initially Varsha used to come regularly to her parental home, however, later on Varsha was sent to her parents only on important family occasions and she was threatened that in case she would go to her parents' house, she would not be allowed to enter their house. Varsha would call her only when she was alone and not in the presence of her in-laws. The Appellant Ravi Kumar complained about the quality of goods given in marriage. She was taunted and beaten by her husband frequently. After the birth of Varsha's daughter Chitra, the in-laws of Varsha used to taunt her to bring more money so that the girl could be educated abroad. They also demanded things for her Mundan to be held on the 30th May, 1990. Varsha called up two days prior to her death and told them to do whatever best they could do for the Mundan of the girl. On the statement of Usha Devi, a case FIR No. 146/1990 under Sections 304B/498A IPC was registered and pursuant to the investigation, a charge sheet was filed. The Appellants were charged for offences punishable under Section 304B/498A IPC. Raghubir Singh, the father of Appellant No. 2, expired before the framing of charge. Smt. Prakash Wati and Ravi Kumar were convicted for offences punishable under Section 306 IPC and Section 498A IPC and awarded sentence of rigorous imprisonment for a period of seven years and a fine of 25,000/- and in default of payment of fine to further undergo simple imprisonment for further six months for offence under Section 306 IPC and rigorous imprisonment for a period of two years with a fine of 25,000/- and in default thereto to further undergo simple imprisonment for six months for offence under Section 498A IPC. The fine imposed on the Appellants has been paid. This judgment of conviction dated 6th February, 2001 and order of sentence dated 17th February, 2001 are impugned in the present appeal.

(3.) When the appeal came up for hearing, earned Counsel for the Appellants pointed out that the Appellant No. 1 Prakash Wati expired on 26th June, 2005 which fact was verified by the State and thus, the appeal qua Appellant No. 1 stood abated. Thus, in the present appeal the only Appellant before this Court is Ravi Kumar, the husband of the deceased.