RANJIT Vs. STATE OF THE NCT OF DELHI

JUDGEMENT

(1.) The appellant impugns a judgment of the Additional Sessions Judge, dated 14.05.2011 in SC No. 319/2009, by which he was convicted for the offences punishable under Sections 498A and 302 IPC. By an order dated 07.07.2011, he was directed to undergo imprisonment for life, in respect of the offence under Sections 302/498A IPC; he was also directed to pay fine. All sentences were to operate concurrently. The prosecution had alleged that the deceased, Biva was married to Ranjit; her niece Sundri had married his brother, the co-accused Randip. It was alleged that PCR information was received on 08.08.2007 at around noon time, about the dead body of a woman, with blood oozing from the neck. The police reached the spot and confirmed the information; the body was in a room at Chungi No. 2, Ram Pyari camp, Lal Kuan. The deceased Biva had married Ranjit on 15.11.2006. The police conducted investigations, recorded statements of witnesses, collected samples of incriminating marerials, and after the post mortem of the body was conducted, collected the report. Ranjit was arrested on 08.08.2007, and Randip was arrested on 09.08.2007.

(2.) According to the statement of Pintoo, PW-15 (the deceased's brother) at the time of their marriage, Ranjit did not demand any dowry; three months after the event, Randip got married to Sundri, the deceased's niece. Later, the accused had demanded Rs. 50,000/-and threatened to beat up Biva in case the amount was not paid. He also revealed that the deceased used to be beaten up regularly, and was sent back to her parental house. On 06.08.2007, PW-15 sent back Biva to her matrimonial home. Thereafter, her mother-inlaw and father-in-law visited him and requested him to send her back. The police recorded the statement of one Dr. Sunita Gupta (PW-11) who said she was present with the deceased on 08.08.2007, at night when she had to deliver a child; she witnessed the accused Ranjit beating her, before the delivery of the child. She also stated that Ranjit used to beat up Biva, even in her clinic whenever she was taken there, for check up. She had witnessed her being beaten up after the child's delivery; he stopped only when she threatened to call the police.

(3.) On the basis of the statements of witnesses, and other materials, the prosecution filed a charge sheet. The accused were charged with committing offences punishable under Section 304B/498A IPC. Ranjit was additionally charged for committing the offence punishable under Section 302, IPC. Both denied guilt, and claimed trial. The prosecution relied on testimonies of 23 witnesses, besides other materials. After considering these, as well as the parties' submissions, the Trial Court held Ranjit guilty in the manner described earlier, and sentenced him to undergo various prison terms. The co-accused Randip was acquitted.