KULDEEP SINGH Vs. STATE

JUDGEMENT

(1.) The appellant-Kuldeep Singh, by the impugned judgment dated 26 th March, 2009, stands convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of his wife-Nidhi. In addition, the appellant has also been convicted, under Section 364 IPC, for abduction of the deceased. By the order of sentence, dated 31 st March, 2009, under Section 302 IPC, he has been sentenced to life imprisonment and fine of Rs.50,000/-. In default of payment of fine, he is to undergo simple imprisonment for a period of one year. For the offence under Section 364 IPC, the appellant has been sentenced to rigorous imprisonment for a period of ten years and fine of Rs.25,000/. In default of payment of fine, the appellant is to undergo simple imprisonment for a period of six months. We may note here that the appellant and his parents, namely, Raghubir Singh and Krishna, were also tried, under Section 498A IPC, but have been acquitted by the trial court. The State or the victims have not preferred any appeal, therefore, the acquittal is not under challenge before us.

(2.) The appellant married Nidhi, on 24 th February, 2002, and they had a girl child Ritika, on 30 th November, 2002.

(3.) Balwant Singh (PW-6), father of Nidhi, deposed that, a month after the birth of her child, Nidhi and her daughter Ritika were brought to the deceased's parental house by her husband, Kuldeep. Thereafter, she lived with her parents. PW-6 alleged that the appellant did not take his wife and child back because of non-fulfillment of dowry demand. However, on 25 th June, 2004, after about 1 1/2 years, the appellantKuldeep came to their house and expressed his desire to take Nidhi back. Nidhi and Ritika went with the appellant, Kuldeep. On 5 th July, 2004, the appellant came to visit PW-6's house with Nidhi and their daughter, Ritika. He informed PW-6 that the appellant had a dispute with his brother, Pradeep, and, consequently, he wanted to live separately. He assured that he would look for a house in Narela, Delhi, and, thereafter, take Nidhi and Ritika to reside with him. On 9 th July, 2004, at 4.30 P.M., the appellant came to their house and stayed there for about ten minutes. He took Nidhi with him, on the pretext that he wanted to show a house in Narela. He had said that he would drop Nidhi back soon, but, Nidhi did not return for next three-four days. Thereafter, with some of his relatives, and PW-6 went to the appellantKuldeep's house, at village Samalkha, District Panipat, Haryana. Nidhi was not found to be there. On an enquiry, from Kuldeep and his parents, they received evasive and unsatisfactory replies. This made Balwant Singh suspicious. He felt that she might have been killed, concealed, or had been made to disappear, by her in-laws. Accordingly, a complaint (vide Ex.PW-6/A) was filed to the SHO, Kanjhawala, Delhi, on 12 th July, 2004 at 9.30 P.M.