RANJEET SINGH Vs. THE STATE

JUDGEMENT

(1.) APPELLANT is the husband of deceased who was tried for the offence of dowry death in FIR No. 657/92 initially registered under Section 498 -A of IPC at P.S. Tilak Nagar, Delhi and later on charge -sheet under Section 304 -B of IPC was also filed. Vide impugned judgment of 19th May, 2001, appellant has been convicted for the offences under Section 304 -B of IPC and under Section 498 -A of IPC. Trial court vide impugned order of 21st May, 2001 has sentenced appellant to rigorous imprisonment for seven years with fine for the offence under Section 304 -B of IPC and to rigorous imprisonment for three years with fine for the offence under Section 498 -A of IPC and both the substantive sentences are made to run concurrently.

(2.) THE factual background of this case and the evidence recorded stand noted in the impugned judgment, which needs no reproduction. The bare facts which need to be taken note of are that appellant was married with Paramjeet Kaur six years prior to this incident. On the night of 11th November, 1992, Paramjeet Kaur wife of appellant had sustained 80% burn injuries while cooking food in kitchen at her matrimonial house and she was immediately taken by appellant to the hospital. On the next day in the afternoon, SDM (PW -4) had ascertained fitness of appellant's wife from concerned doctor and thereafter, had recorded her statement Ex. PW -4/A and after making endorsement on it, had directed for registration of FIR for the offence under Section 498 -A of IPC. It would be worthwhile to reproduce the initial statement Ex.PW -4/A made by appellant's wife to SDM (PW -4) on 12th November, 1992. It official translation reads as under: -

(3.) ON 19th November, 1992, appellant's wife had unfortunately died of septicaemia developed due to fire burns sustained by her. Thereafter, statement of parents and brother of the deceased was got recorded from SDM (PW -4). By treating the afore -referred two statements of appellant's wife (hereinafter referred to as deceased) to be dying declaration and on the basis of the statement of parents and brother of the deceased, appellant and his mother were put on trial for committing the offence of dowry death.