VIJAY PAL SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.07.1997 and the order on sentence dated 22.07.1997, which were delivered / passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.1/1994 arising out of FIR No.86/1990 registered at police station Inder Puri under Sections 302/498-A/304-B IPC. Although by virtue of the impugned judgment, the appellant Vijay Pal Singh has been acquitted of the charge under Section 302 IPC for allegedly having committed the murder of his wife Smt. Manorma Devi @ Murti Devi, he has been convicted under Sections 498-A and Section 304-B IPC. Because of the said conviction, the appellant has been sentenced to two years rigorous imprisonment under Section 498-A IPC. He has also been fined a sum of Rs 3,000/- and, in default of payment thereof, he was required to further undergo rigorous imprisonment for six months. Insofar as the offence under Section 304-B IPC is concerned, the appellant was sentenced to imprisonment for life. It was also directed that the period of detention undergone by the accused during investigation as also the trial, was to be set off against the sentence awarded to him under Section 498-A IPC and that both the sentences were to run concurrently.

(2.) Being aggrieved by the impugned judgment and the impugned order on sentence, the appellant has preferred the present appeal.

(3.) The appellant and Smt. Manorma Devi @ Murti Devi were married on 18.02.1985. Smt. Manorma Devi died in the night intervening 3 rd / 4 th June, 1990. Her death was within seven years of her marriage. As per the post mortem report, she had died due to strangulation.