KRISHAN KUMAR Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 19.4.2006 and 28.4.2006 respectively wherein the two appellants Krishan Kumar @ Setu (husband of the victim) and Omwati @ Budho (elder sister-in-law of the victim) had been convicted under Sections 304 B and 498A of the Indian Penal Code, 1860 (IPC); each of them had been sentenced to undergo RI for 10 years for their conviction under Section 304B of the IPC and to pay a fine of Rs.10,000/-, in default, to undergo RI for 1 year; for the offence under Section 498A of the IPC each of them had been sentenced to undergo RI for 3 years and to pay a fine of Rs.5000/-, in default, to undergo RI for 6 months. Out of the recovered fine Rs.25,000/- had been directed to be paid to the heirs of the victim.

(2.) Nominal rolls of the appellants reflect that as on date when they were granted bail appellant Krishan Kumar had suffered incarceration of 31/2 months and appellant Omwati had suffered incarceration of about 2 years and 2 months.

(3.) Record discloses that Krishan Kumar had married the deceased Babita @ Bobby on 06.3.1995. They lived at their matrimonial home at F-767, Ganesh Nagar, Shakarpur, Delhi. The victim had died an unnatural death on 30.6.1997. This was after 2 years and 3 months of their marriage. The victim had first been taken to Walia Nursing Home on 29.6.1997 in unconscious condition. She could not be given adequate medical attention in the private nursing home and she was referred to the LNJP Hospital. She was declared dead on 30.6.1997.