SATISH KAPOOR Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of an appeal against the judgment and order of the learned Additional Sessions Judge (ASJ) dated 29.01.1998 and 31.01.1998. The impugned judgment had convicted the appellant for the charge of having committed the offence punishable under Section 302 read with Section 498A IPC. The appellant was sentenced to undergo life imprisonment for the offence under Section 302 IPC and also 5 years' rigorous imprisonment with fine in respect of the offence under Section 498A IPC. In addition, he was directed to pay the fine of '1,00,000/-, in default of which he was to undergo further rigorous imprisonment for three years in respect of the offence punishable under Section 302 IPC.

(2.) The prosecution alleged that on the night of 01.07.1992, the Appellant's wife, Sunita was doused with kerosene and set on fire by him. The prosecution further alleged that the Appellant and the other two accused, i.e. his mother, brother and sister-in-law used to harass and ill-treat the deceased for bringing insufficient dowry, and used to make demands. It was alleged that the deceased was rushed to the hospital in the car owned by a neighbour. The prosecution relied on the testimonies of several witnesses (PWs-3, 4, 7, 9 and 12), to establish its allegations. In addition it, relied on a dying declaration (Ex. PW-14/B) made by the deceased at 11.28 pm the same day, i.e. 01.07.1992. The victim, Sunita subsequently died around 5 AM. The prosecution also relied upon another dying declaration (Ex. PW-12/A), recorded at 02.12 AM in the early morning of 02.07.1992. That statement was recorded by the concerned Sub-Divisional Magistrate (SDM), PW-32.

(3.) The appellant and the other accused were arrested, and after completion of investigation, charged with committing offences punishable under Sections 302 read with Section 498A IPC. They denied the charges and claimed trial. The prosecution examined 32 witnesses in support of its allegations and also relied on several exhibits, including two dying declarations made by the deceased. The Trial Court, after considering these materials, concluded that the appellant was guilty as charged, and sentenced to undergo life imprisonment and imprisonment for five years in respect of the two offences. The Court acquitted the other accused of all charges.