ABHISHEK KUMAR Vs. STATE

JUDGEMENT

(1.) By this application the appellant seeks suspension of sentence pending hearing of the appeal.

(2.) The appellant has been convicted for offence punishable under Sec. 302 IPC by the learned Trial Court and awarded life imprisonment. Learned counsel for the appellant contends that the appellant and his family members were charged for offences punishable under Sec. 304-B/498- A/34 IPC and in the alternative charge of 302 IPC was framed against the appellant. The appellant, his brother and parents have all been acquitted by the impugned judgment for offences punishable under Ss. 304B/498- A/34 IPC as no harassment for dowry much less soon before the death was proved. No charge for offence punishable under Sec. 302 IPC with the aid of 34 IPC was framed against the family members.

(3.) Learned counsel for the appellant further contends that as per the opinion of the post-mortem doctor the cause of death was hanging. This opinion of the post-mortem doctor was subsequently confirmed by a Board of Doctors exhibited as Ex-16/C-1 according to which also the death was due to hanging. He further states that no charge for offence punishable under Sec. 306 IPC was framed against the appellant. Learned counsel contends that the learned Trial Court has based his conviction on an uncorroborated, tutored statement of the appellant and the deceased who was one and half year old at the time of the incident and thereafter was all through in the custody of the complainant. The complainant in his first statement made no specific allegations against the appellant and his brother despite asking of the SDM. The appellant was not present at home when the incident took place. After coming back he come back from the clinic, broke the latch of the room and found the deceased hanging. The complainant i.e. father of the deceased who was an Advocate on reaching Delhi in his first statement stated that on 16/3/2011 his wife received a phone call from Abhishek stating that his wife has passed away and she has committed suicide. He along with his wife immediately came to Delhi. His daughter Devyani got married to Abhishek on 5/7/2007 and she was harassed regularly by her family members and due to this harassment the husband and brother-in-law committed murder of his daughter. On the statement Ex.PW- 18/1 of the complainant, the SDM also notes his observation that the complainant was asked about the harassment to the deceased, but he did not mention any such incident. It may be noted that the FIR was registered on a detailed type written complaint given by the complainant after a period of 35 days of the incident.