RUPESH KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 23rd May, 2000 and order on sentence dated 25th May, 2000 in Session Case No.13/96 arising out of FIR No.126/92 under Sections 498A/304B/34 IPC registered at Police Station Seelampur, vide which the appellant was convicted for offence punishable under Sections 306 and 498A of the Indian Penal Code, 1860 while co -accused Brij Devi was acquitted of the charges levelled against her. Appellant Rupesh Kumar was sentenced as under:

(2.) THE sentences were to run concurrently and the convict was entitled for the benefit of Section 428 Cr.P.C.

(3.) IN order to substantiate its case, prosecution examined 16 witnesses. In their statement recorded under Section 313 Cr.P.C, both the accused pleaded innocence. It was alleged that the relation between Rupesh and Ajay, brother of the deceased, were inimical. The deceased caught fire from the stove, which fact finds mention in the MLC prepared by the doctor. They did not prefer to lead any defence evidence.