RAJA @ RAM PAL Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 06.12.2007 in Sessions Case No.337/06 FIR No.184/04 under Section 498A/304B/34 IPC P.S. New Usmanpur and the consequent order on sentence dated 14.12.2007 whereby the appellant Raja @ Rampal was convicted for the offences punishable under Section 498A and 304B IPC and sentenced under Section 304B IPC to undergo RI for the period of 10 years and also to pay fine of Rs.10,000.00 , in the event of default, to undergo RI for a further period of six months and for the offence under Section 498A IPC, to undergo RI for the period of two years and to pay a fine of Rs.10,000.00, in default of payment of fine, to undergo RI for a further period of six months. It was ordered that substantive sentences awarded to the appellant shall run concurrently.

(2.) BRIEFLY put, case of the prosecution is that Ms.Beena (deceased) was married to the appellant Raja @ Rampal in the year 2000. After marriage, she initially stayed at her matrimonial home at Sonia Nagar, Beheta Hazipur, Loni, Ghaziabad. In March 2005, she along with the appellant, shifted to House No.H-32, Street No.5, Brahm Puri, Delhi. In the morning of 24th June, 2004, the deceased Beena was found hanging from the ceiling fan in her tenanted room. The landlady Ms.Susheela (DW-2) informed the police on telephone and aforesaid information was recorded at P.S. Usman Pur at 11.52 a.m. as DD No.7A(Mark-3). Copy of the DD report was entrusted to ASI Kamal Singh (PW-3) who left for the spot of occurrence with Constable Shiv Raj(PW-4). ASI Kamal Singh found the deceased hanging from the ceiling fan with her 'chunni-. One drum was lying at the spot of occurrence. SDM was informed and Crime Team, as well as photographers, was called. Photographs of the spot of occurrence were taken from various angles and other formalities of investigation were done. SDM Shri R.K.Chauhan (PW-11) conducted the inquest proceedings. He also recorded statements of the parents of the deceased, namely, PW-1 Rajwati and PW-2 Raj Bahadur.

(3.) DURING investigation, rough site plan was prepared, post-mortem of the dead body was got conducted, statements of witnesses were recorded and the accused persons were arrested. On completion of investigation, the appellant and his parents were challaned and sent for trial.