MUKESH Vs. STATE

JUDGEMENT

(1.) BY this appeal filed under section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'), the appellant seeks to challenge the impugned judgment dated 15.7.1999 and order on sentence dated 16.7.1999 passed by the learned ASJ, whereby the appellant is convicted for committing an offence punishable under Section 302/498 -A of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). He was sentenced to undergo rigorous imprisonment for life, together with payment of fine of Rs.1,000/ - and in default of payment of fine, he has been sentenced to further undergo rigorous imprisonment for a period of six months, so far as the offence punishable under Section 302 IPC is concerned. The appellant has also been convicted for the offence punishable under Section 498 -A IPC and was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500/ - and in default of payment of fine to further undergo rigorous imprisonment for three months. The facts germane to the case of the prosecution are that ­

(2.) "On 13 -6 -06, as disclosed in the chargesheet, SI Bhag Chand along with Ct. Gyan Chand, on receipt of DD No. 30 - B, reached place of occurrence at jhuggi No. C -5/C -102, Motia Khan, Pahar Ganj, Delhi, from where it was revealed that Smt. Mamta, the wife of accused Mukesh, had already been removed to RML hospital. In the meanwhile DD No. 39 -B was received by him and thereupon leaving behind Ct. Gyan Chand at the spot, he reached RML Hospital along with Ct. Ravi Dutt, who had brought the aforesaid DD entry. From the hospital he collected the MLC of injured Mamta, on which the doctor had mentioned 100% burns and declared her unfit for statement. In the hospital itself Smt. Mamta's mother Smt. Teeja met him and gave her statement that her husband died after drinking liquor and that she was working in gum factory at Kamla Nagar and she had two daughters namely Mamta and Sangeeta. Mamta was married to accused Mukesh about 10 years back and out of that wedlock she gave birth to three sons and two daughters, out of which one son died about six months back. Her son -in -law Mukesh started harassing her daughter Mamta because of dowry just after 15/20 days of marriage. He sold the dowry articles which were given to him at the time of marriage and drank liquor. For this, she lodged a complaint with CAW Cell, Nanak Pura and Prasad Nagar. On 12 -6 -96, her son -in -law Mukesh gave beatings to her daughter Mamta after having consumed liquor and at around 10 pm she came to her jhuggi and told her that on that day her husband Mukesh had again given her beatings. She then told her daughter that she would come in the morning to make Mukesh understand. On the next day, at around 7 am she went to the jhuggi of her daughter and advised her son -in -law and then went for her job at Kamla Nagar. There Smt. Veena, resident of nearby jhuggi, came and told her that Mamta had set herself ablaze after pouring kerosene oil over her. Her daughter burnt herself due to harassment of Mukesh and a legal action was taken against him. In the dying declaration which was recorded Ex.PW - 29/B she stated that her husband poured kerosene upon her and set her ablaze."

(3.) TO prove its case the prosecution examined as many as 29 witnesses. After the completion of prosecution evidence, statement of the accused person was recorded under Section 313 of Cr.P.C. wherein the entire incriminating evidence was put to the appellant and in reply the appellant pleaded innocence and false implication at the instance of parents of the deceased. The appellant has also examined two witnesses in his defence.