SHYAM LAL GUPTA Vs. STATE

JUDGEMENT

(1.) The appellant Shyam Lal Gupta, father of the deceased Geeta Gupta has preferred two appeals against the common judgment dated 20th November, 2012 whereby all the accused persons have been acquitted for the offence under Sections 498A/304B/34 IPC. However, Rajesh Gupta was convicted under Section 279/304A IPC and vide order of sentence dated 23rd November, 2012 in Sessions case No.23/01/09 arising out of FIR No.716/99, P.S. Paschim Vihar, he has been sentenced to undergo six months simple imprisonment under Section 279 IPC and two years simple imprisonment under Section 304A IPC. The compensation to the tune of Rs.7 lakhs was also imposed upon Rajesh Gupta, payable to the complainant.

(2.) Succinctly stated, Geeta Gupta (deceased) was married with Rajesh Gupta on 17th July, 1999. On 15th August, 1999 at about 10.40 p.m., both were going in a car and met with an accident. HC Raj Kumar (PW-11) and other police officials were present near the place of the incident. DD No.30 was recorded. Geeta Gupta was declared brought dead in the hospital. FIR No.716/99 under Sections 279/337/304A IPC was registered. Thereafter, Sections 498A/304B/34 IPC were added and charge-sheet was filed against accused Rajesh Gupta, Rajiv Gupta, Pushpa Gupta, Dhajja Ram Gupta, Jwala Prasad, Satpal Gupta, Bimla Gupta and Suman Gupta. Charges were framed against all. However, during the trial, accused Jwala Prasad and Dhajja Ram expired and proceedings against Dhajja Ram abated on 16th January, 2008. Charges against Bimla Gupta, Suman Gupta and Satpal Gupta were set aside in Crl. Rev. No.373/2000 vide order datd 9 th July, 2007 and thereafter, trial continued against Rajiv Gupta and Pushpa Gupta (respondent Nos.2 and 3) and Rajesh Gupta (Respondent No.2 in criminal appeal No.318/2013). After recording evidence of the prosecution, as noticed above vide impugned judgment dated 20th November, 2012, all the accused persons were acquitted under Section 498A/304B/34 IPC. However, accused Rajesh Gupta (husband of the deceased) was convicted under Sections 279/304A and he was sentenced accordingly.

(3.) We have heard learned counsel for the appellant and perused the trial Court record.