DEEPAK Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present appeal has been filed under Sections 374 and 382 Cr.P.C. challenging the judgment dated 05 th July, 2008 and order on sentence dated 08 th July, 2008 whereby the appellant-husband has been convicted under Sections 498A/34 and 304B /34 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo rigorous imprisonment for three and ten years respectively. A fine was also imposed in respect of both the convictions.

(2.) The prosecution's case in nutshell is that Ms. Sangeeta (hereinafter referred to as 'the deceased') married the appellant Deepak on 09 th February, 2000. The appellant and his father had demanded dowry at the time of fixation of marriage. Even after solemnization of the marriage, the appellant and his son had continued to harass the deceased for dowry. The appellant and his father used to demand money from the father of the deceased on one pretext or another. As per the prosecution's case on 28 th March, 2004, appellant's father demanded ' One lac from Mr. Hari Kishan, the father of the deceased which was refused. On this, the appellant's father threatened the father of the deceased that he would not see his daughter alive. On 04 th April, 2004, Police received information that appellant's wife had committed suicide.

(3.) Mr. Mittal submits that even if the statements of PW4 and PW5 are taken in their entirety, no case under Sections 304B and 498A IPC is made out against the appellant-husband. He further submits that allegations against the appellant are similar to those made against the brothers of the appellant, who have been acquitted.