KESHAV KUMAR Vs. STATE

JUDGEMENT

(1.) The Appellant challenges the judgment dated 12th December 2009 passed by the learned Additional Sessions Judge (ASJ) in SC No. 21/2006 convicting the Appellant for the offences under Sections 306 and 498A IPC. The Appellant also challenges the order on sentence dated 21st December 2009 whereby for the offence under Section 306 IPC, the Appellant was sentenced to undergo rigorous imprisonment ("RI") for five years along with a fine of Rs. 5,000 and in default to undergo simple imprisonment ("SI") for three months. For the offence under Section 498A IPC, the Appellant was sentenced to undergo RI for one year along with a fine of Rs. 5,000 and in default to undergo SI for three months.

(2.) On 21st October 2005, a daily dairy (DD) entry No. 24 was received by the Police Post ("PP") Madangir, New Delhi under Police Station ("PS") Ambedkar Nagar, New Delhi that a woman had committed suicide at House No. 273, RPS Colony, Khanpur, New Delhi. On receiving the said DD entry, Assistant Sub-Inspector (ASI) Virender Singh (PW-11) along with Constable Brij Bhushan Tyagi (PW-10) reached the spot and found one woman hanging from the fan suspended by a chunni on the second floor of the building. A young girl, 21/2 years old, was found weeping there. Upon inquiry, PW-11 learnt that the name of the deceased was Mamta, wife of Keshav, the Appellant herein, and the name of the child was Gungun. PW-11 then informed the Station House Officer (SHO) and the senior officers. The crime team and the Sub Divisional Magistrate ("SDM") were called.

(3.) Mr. Manish Garg (PW-12), who was the SDM of Hauz Khas, New Delhi on receiving the message from the police, proceeded to the spot. He prepared the unnatural death report (Ex. PW-12/A) and recorded the statement of Ms. Kiran (PW-1), mother of the deceased. Her statement was marked as PW-1/A. In the said statement, PW-1 stated that Mamta was working at Gandhi T.V. Shop, Madangir, New Delhi and that the Appellant was also working there. The Appellant was stated by PW-1 to have telephoned her and informed that her daughter, Mamta, had run away with someone. Thereafter, the Appellant took PW-1 to Arya Samaj Ashram at Bhogal, New Delhi.