LAXMI NARAIN ALIAS RAJESH Vs. STATE

JUDGEMENT

(1.) The Appellant impugns a judgment and order dated 20.12.2011 in S.C. No. 50/05/10 by which he was convicted for the offence punishable under Section 498- A and 304-B IPC. He was sentenced to undergo Rigorous Imprisonment for 3 years and to pay a fine of '1,000/- under section 498-A IPC and under section 304- B IPC he was sentenced to undergo life imprisonment and to pay a fine of ' 1,000/-. Although the present appeal was filed in February, 2012, the Court took it up for final hearing, with consent of counsel for the parties, since the incident occurred on 11.03.2005, and the Appellant was in custody for over seven years, at the time of the hearing.

(2.) The prosecution s case is that the Appellant Laxmi Narain got married to the deceased Kamlesh on 21.01.2005. On 11.03.200,5 the deceased was found lying near the TV set in her house. The Appellant rushed the deceased to AIIMS hospital in the car of Bhim Raj (PW-2). She was, however declared brought dead; (the MLC was placed on record as Ex.PW-13/A). The brother of the accused, Hukum Chand, informed the deceased s parents that she had died due to an electrical shock. The SDM (PW-5) was called and he recorded the statement of PW-1 Phool Chand (father of the deceased) and PW-3 Ram Niwas (uncle of the deceased); Ex.PW-1/C and Ex.PW-3/DA. On 18.03.2005 the SDM recorded two more statements, Ex.PW-1/A (of the father) and Ex.PW-4/A of the brother of the deceased. The police also recorded the statements of PW-1 and 4. In these two statements, for the first time, those two relatives alleged that the deceased used to be routinely harassed and treated cruelly for dowry, and that having regard to these allegations, the accused were responsible for her unnatural death.

(3.) An FIR bearing No. 244 of 2005 was registered under section 498-A/304-B IPC with PS Malviya Nagar on 21.03.2005. The police completed the investigation and filed a charge sheet. Both the accused, i.e Laxmi Narain and his brother Hukum Chand (now acquitted) were charged under section 498-A/304-B IPC. They pleaded not guilty and claimed trial. The Trial Court by its impugned judgment, acquitted Hukum Chand but convicted Laxmi Narain and sentenced him to undergo imprisonment and pay fine, as noticed previously in this judgment.