KHUSHAL CHAND Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 18th December 2007 passed by the learned Additional Sessions Judge in Sessions Case No. 273/06 convicting the Appellant for the offences under Section 306/498A of the IPC and the order of sentence dated 18th December 2007 by which the Appellant was sentenced to undergo three years rigorous imprisonment (RI) and a fine of Rs. 10,000 and in default of the payment, to undergo nine months RI under Section 498A IPC and further sentenced to undergo seven years RI and a fine of Rs. 10,000 and in default of the payment, to undergo a further nine months RI under Section 306 IPC.

(2.) The case of the prosecution was that the Appellant and the deceased were married on 25th November 1974. They did not have any children. The sister of the deceased and the brother of the Appellant were also married. They had a child Arun Kumar (PW-7). However, the brother-in-law of the deceased died, and her sister of the deceased came to live with their mother Smt. Shanti Devi (PW-4). The child PW-7 from his childhood grew up with the Appellant and the deceased.

(3.) According to the prosecution about seven to eight months prior to the date of the incident the deceased had gone to live with her mother PW-4 and underwent an operation for removal of her uterus. She returned to the matrimonial home on 14th April 2002, i.e., one day prior to the date of the incident.