MUKESH Vs. STATE

JUDGEMENT

(1.) Mukesh Kumar has filed this appeal against the judgment and order on sentence dated 19th August, 1999 and 20th August, 1999 respectively, passed by learned Additional Sessions Judge, Karkardooma Courts, Shahdara, Delhi in Sessions Case No. 119/98 arising out of FIR No.386/1991, PS Gokalpuri whereby he was convicted under Section 302 IPC and was sentenced to undergo imprisonment for life and also to pay a fine of Rs.5000/-, in default of payment of fine to further undergo simple imprisonment of six months.

(2.) The case of prosecution, in brief is that deceased Radha, daughter of Prakash Chand, resident of J-212, Shakarpur, Delhi was married to the appellant Mukesh Kumar on 21st June, 1991, merely four and a half months before the incident which took place on the night intervening 1st- 2nd November, 1991 in Gali No. 5, Prem Nagar, Delhi. Om Prakash is the father-in-law whereas Smt. Prakasho is the mother-in-law of the deceased. Madan and Kailash are the brothers-in-law and Smt. Prabha is the wife of Kailash whereas Smt. Suman is the sister-in-law of the deceased.

(3.) It is the case of prosecution that Radha visited her parents' house thrice after her marriage and prior to the occurrence and during those visits, she informed her parents regarding the demand raised by the accused for Rs.40,000/- for running a shop which however could not be fulfilled by her parents. On the intervening night of 1st-2nd November, 1991, her brother-in-law Kailash along with 4-5 persons went to her parents' house and informed about the illness of the deceased. Smt. Chando Devi (PW-4) along with her son and other family members reached the spot and found the deceased lying under a chappar covered with a razai. On removal of razai, the parents noted injury marks on her neck. Froth was coming out of her mouth. There were strangulation marks on her neck. Quarrel ensued. Information was given to the police regarding the quarrel, as such, DD No. 77B was recorded at PS Gokalpuri at about 6:30 am. Police officials reached the spot where they found Smt. Radha, wife of accused Mukesh Kumar, lying dead inside the house under chappar. Parents of the deceased and other relatives were found present there. Inspector R.S. Chauhan tried to contact the SDM. Since he was not available, he conducted inquest proceedings under Section 174 Cr.P.C. and thereafter the dead body was sent for post-mortem examination. Smt. Chando Devi, mother of the deceased gave a written application stating therein that Radha got married with Mukesh on 21st June, 1991. After marriage, she used to visit her house. On 27th October, 1991, Mukesh took Radha from her house to her matrimonial home. On the night of 2nd November, 1991 at about 2:30 AM, Kailash, elder brother of Mukesh along with 5-6 persons came to her house and informed them about the serious condition of Radha. On reaching the house of Radha, they found that she had been killed by strangulation by Mukesh and his family members as the demand of Rs.40,000/- made by the accused persons could not be fulfilled. This statement culminated in registration of FIR under Section 302/34 IPC. Crime team was summoned at the spot. The SDM recorded the statement of Prakash Chand, father of the deceased and Som Pal Singh, brother of the deceased and thereafter, ordered for registration of the case under Section 498A/304B IPC. After completing investigation, charge sheet was submitted against the accused persons under Section 302/498A/304B IPC r/w Section 34 IPC.