ASHOK BATRA Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by Ashok Batra and three others (hereinafter referred to as the appellants) directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, New Delhi dated 28th November, 2000 and 29th November, 2000 respectively. The learned trial court held the appellants guilty of the offences punishable under Section 306/34 and 498A/34 Indian Penal Code. Each of the appellant was sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 15,000/- for the offence punishable under Section 306/34 Indian Penal Code. In default of payment of fine he was to undergo rigorous imprisonment for six months. They were sentenced to undergo further rigorous imprisonment for a period of two years for the offence punishable under Section 498A/34 Indian Penal Code and a fine of Rs 2500/- each. In default of payment of fine they were to undergo further rigorous imprisonment for one month. Rs.60,000/- out of which was directed to be paid to the son of the deceased. The substantive sentences were directed to run concurrently.

(2.) The relevant facts of the prosecution case are that appellant Ashok Batra was married to Kokila @ Pinki on 28th March, 1997. It is alleged that immediately after their marriage the husband of the deceased, her brother Pran Batra and their sisters Swatanter Batra and Vijay Batra besides Pushba Batra started harassing and treating the deceased with cruelty for dowry and finally caused her death on 8th July, 1997.

(3.) The elder brother of the deceased Rajnikar Hans received information in his office at 11.05 AM on 8th July, 1997 that his sister had committed suicide. He went to the matrimonial house of her sister but before going there he telephoned the police control room who in turn informed the police station Mehrauli. A daily diary entry was made at the police station. Sub Inspector Dharam Bir was directed to proceed to the spot. He had gone to the house of the deceased.