MAHESH Vs. STATE

JUDGEMENT

(1.) BY this appeal filed under Section 374 of the Code of Criminal Procedure 1873 (hereinafter referred to as CR.P.C) the appellant seeks to challenge the judgment and order dated 4.1.2010 and 7.1.2010 passed by the Court of Ld. Additional Sessions Judge, Dwarka Court, New Delhi, thereby convicting the appellant for committing an offence under Section 302 of India Penal Code, 1860 (hereinafter referred to as IPC) and sentenced him to undergo imprisonment for life together with fine of Rs. 10,000/ and in default thereof to undergo further imprisonment for three months.

(2.) MARRIAGES are made in heaven, where two souls unite with love and devotion. But the material needs of the society like lust for money or sex etc. ravishes the very basis of this deific union. No doubt that there are many social & economic factors, governing the standard of living of various households, yet we feel that it is the righteous and moral duty of a husband that he fully discharges his matrimonial obligations for the sustenance of the family and does not aim to lead a leisurely life at the hands of his wifes family making prodigal demands or seeking financial backing. However, in todays times when a women walks shoulder to shoulder with men, harassment to newly wedded females for dowry is still spreading appendages in every nook and corner and ruining a number of marriages, pulverizing our faith in the social and cultural values. Its a curse which the society is facing. Crimes like suicide, bride burning have become common in poor and middle stratum of the society. In most of the cases, such acts are committed to satisfy ones unquenchable greed for money and other material needs. In fact, these types of social crimes meddle the entire social fabric. The present case involves one such woman, for whom marriage became shackles of debauched boon which eventually took away her life.

(3.) AFTER supplying the copies of the charge sheet to the accused persons as per law, case was committed to the Court of Sessions. Arguments on point of charge were heard and charge under section 498A IPC against accused Sagarwati and Suraj Bhan, and charges under section 302 and 498A IPC against accused Mahesh were framed, to which they pleaded not guilty and claimed trial. Prosecution tendered 16 witnesses in support of their case. Prosecution evidence was concluded and the statement of the accused persons under section 313 Cr.P.C was recorded wherein they admitted the factum of marriage but controverted the other incriminating evidence. They examined one witness in their defense.