SURENDER Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 21.02.2011 and order on sentence dated 06.04.2011 in Sessions Case No.312/2009 arising out of FIR No.20/2005 PS Vasant Vihar by which the appellant- Surender was convicted for committing offences punishable under Section 498A/302 IPC and sentenced to undergo imprisonment for life with fine.

(2.) On 16.01.2005 around 05.35 P.M., Meenakshi (appellant's wife) was admitted in Safdarjung Hospital. On the basis of Daily Diary (DD) No.24A investigation was set into motion and assigned to SI Ram Avtar who with Const.Ganga Saran reached the hospital. He found that Meenakshi was brought dead in the hospital. He moved an application to preserve her body for 72 hours. On reaching the spot, SI Ram Avtar made enquiries and apprised Sub Divisional Magistrate (SDM) and deceased's parents about the incident. Sh.Rajesh Chopra, SDM recorded statements of father and brother of the deceased and lodged First Information Report. Hari Kishan, deceased's father in his statement (Ex.PW-3/A) disclosed that her daughter- Meenakshi was married to Surender Kumar on 05.12.1999. The accused used to inflict physical torture on her on account of dowry demands. On many occasions, she sustained injuries due to beatings. She used to stay with them for most of the period. In September, 2004, the accused patched up the differences, and brought her to matrimonial home with the assurance not to maltreat her. On 16.01.2005 at about 07.00 P.M. they were informed that the accused had pushed Meenakshi from the third floor of his house, as a result of which she died.

(3.) During the course of investigation, the Investigating Officer recorded statements of the witnesses conversant with facts. The crime team photographed the crime spot. The post-mortem on the body was conducted. The death was due to combine effect of hemorrhagic shock and aspiration of the blood in respiratory passage, due to blunt force impact over multiple parts of the body consequent upon beating by the other party. The accused was arrested and his confessional statement was recorded, pursuant to which, he recovered wooden 'thapi/ sota' used to inflict injuries to the deceased's body. The exhibits were sent to Forensic Science Laboratory (FSL) and subsequently, reports were collected. On completion of the investigation, a charge-sheet was submitted against the appellant. He was charged under Section 498A/304B IPC. In the alternative charge under Section 302 IPC was also framed and the accused pleaded not guilty. The prosecution in support of its case examined 27 witnesses and produced several documents. In his 313 Cr.P.C. statement, the appellant pleaded false implication. One Malika Anthony stepped in his defence. After appreciating the evidence and considering the rival contentions of the parties, by the impugned judgment, the Sessions Court convicted and sentenced the accused for committing offences punishable under Section 498A/302 IPC. Being aggrieved, the appellant has challenged the judgment.