STATE Vs. SUMIT

JUDGEMENT

(1.) Crl. M.A. 2300/2012(delay) in Crl. L.P. 95/2012

(2.) THE State has preferred the present petition for leave to appeal against the judgment dated 28.09.2011 of learned Additional Sessions Judge in SC No.150/2008 by which the Respondent was acquitted of the charge under Section 302 IPC. Sher Singh Dagar (father of the deceased -Divya) has also preferred appeal under Section 372 Cr.P.C. challenging Respondent's acquittal under Section 302 IPC. The Respondent (Sumit Saundal) was arrested and charged for committing offences punishable under Sections 498A/302/304B IPC. The prosecution alleged that the death of Divya, the Respondent's wife occurred otherwise than under normal circumstances within seven years of her marriage. She was subjected to cruelty or harassment by the Respondent for, or in connection with the demand of dowry soon before the death. It further alleged that when the deceased or her parents failed to meet demands for dowry, the Respondent committed her murder by strangulation. The Respondent was charged for committing offences under Sections 498A/302 IPC or in the alternative for committing the offence under Section 304B IPC. The accused pleaded not guilty to the charges and claimed that Divya committed suicide by hanging in the matrimonial home, in his absence and he came to know about it on reaching there at 06.00 P.M.

(3.) AFTER appreciating the evidence and after considering the rival contentions of the parties, by the impugned judgment, the Trial Court convicted the Respondent for committing offences punishable under Section 498A/304B IPC and acquitted him of the charge under Section 302 IPC.