SUBHASH CHANDRA Vs. STATE

JUDGEMENT

(1.) The appellant Subhash Chandra had been convicted on 10.05.2000 for the offence under Section 306 of the Indian Penal Code (hereinafter referred to as the IPC) and had been sentenced to undergo RI for seven years and to pay a fine of Rs.1 lac; in default of payment of fine SI for six months; half of the fine so deposited was to be paid to the parents of the victim.

(2.) This is an unfortunate incident where the life of a newly married lady-Shashi Bala @ Kanchan was lost. The victim was married to the appellant on 04.05.1978 as per Hindu rites in Delhi. Within less than one year of her marriage i.e. on 17.03.1979 she was found dead; she had received 100% burns in her matrimonial home and on being taken to the All India Institute of Medical Sciences (AIIMS), she was reported dead; she was pregnant by 24-26 weeks.

(3.) The FIR No.443/1979 was registered on 17.3.1979 for the offence under Sections 302/34 of the IPC on the complaint of her mother Smt. Satya Rani Chadda (PW1). Since there was delay in the progress of the investigation a private complaint (Ex.PW1/D) was lodged before the learned ACMM alleging that a few days before the marriage, the accused persons i.e. the appellant and his parents had made a demand for a scooter, refrigerator and television but since the complainant could not afford to fulfill their demands, her daughter was continuously taunted by her in-laws and husband on this count. Even after she became pregnant, the appellant continued to raise his demand for a scooter and threatened them that in case the said demand is not fulfilled Kanchan would face dire consequences. This demand was last repeated on 15.03.1979 i.e. 2 days before the fateful incident.