RAJENDRA NATH CHOPRA Vs. STATE

JUDGEMENT

(1.) R.N.Chopra, V.K.Chopra, Smt.Subhashna Chopra & V.K.Kalra were arrested in Sessions Case No. 136/1989 arising out of FIR No.239/1989 PS Kirti Nagar and were challened to the Court for Trial on the allegations that on or before 12.07.1989 they harassed and maltreated Kamal Chopra, legally wedded wife of V.K.Chopra on account of dowry demands during her stay at the matrimonial home at 7/204, Ramesh Nagar, Delhi. On 12.07.1989 at about 10.00 A.M. Kamal Chopra committed suicide. During the course of investigation, Mr.V.K.Jain, SDM recorded statement of the deceased's father and lodged First Information Report. Post-mortem examination on the body of the deceased was conducted. Statements of the witnesses conversant with the facts were recorded. The accused were arrested. After completion of investigation, they were charge-sheeted and brought to Trial. The prosecution examined twenty one witnesses to substantiate the charges. In their 313 Cr.P.C. statements, the accused pleaded false implication. They examined seven witnesses in defence. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, convicted all of them under sections 498A/304B IPC. Vide order dated 29.07.1994, all the four accused were sentenced to undergo RI for two years with fine Rs. 2,000/- each under Section 498A/34 IPC.

(2.) The convicts challenged the judgment of conviction in Crl.A.No.175/1994. This Court vide judgment dated 10.10.2001 dismissed the appeal. The matter went to Supreme Court. Appeal preferred by R.N.Chopra (Father-in-law) abated due to his death. Appeal preferred by Subhashna Chopra (Mother-in-law) and V.K.Chopra (husband) was dismissed. They had also undergone the sentence awarded by the Trial Court. Appeal preferred by V.K.Kalra was accepted and the judgment of this Court was set aside. The matter was remanded to this Court for disposal on merits vide order dated 17.03.2009.

(3.) Counsel for the appellant- V.K.Kalra urged that he was not a family member of the deceased and had no concern with their affairs.