STATE (NCT OF DELHI) Vs. PARWATI @ KANTA

JUDGEMENT

(1.) JEEPU , her sister Parwati @ Kanta, Parwati's son Jitender @ Kallu and Parwati's brothers -in -law Sanjay and Dhanpal @ Dhane were charged for having entered into a criminal conspiracy to murder Sandeep and to have given effect to the conspiracy by murdering Sandeep in the intervening night of June 04, 2010 and June 05, 2010, at around 12 midnight to 1:00 hours. Vide judgment dated May 28, 2014, Sanjay, Dhanpal and Jitender have been acquitted of both charges framed against them. Parwati and Jeepu have been acquitted of the charge of entering into a criminal conspiracy but have been convicted for the offence of culpable homicide not amounting to murder punishable under Section 304 -II/34 IPC for the death of Sandeep and vide order on sentence dated May 31, 2014, the two have been sentenced to undergo rigorous imprisonment for eight years and pay fine in sum of Rs. 15,000/ - and in default of payment of fine to undergo simple imprisonment for two months.

(2.) JEEPU and her sister Parwati challenge their conviction and the sentence imposed as a consequence thereof. Jeepu is the appellant of Crl.A.No.1135/2014. Parwati is the appellant of Crl.A.No.1133/2014. Kamlesh, the mother of Sandeep, is aggrieved by the fact that Sanjay, Dhanpal and Jitender have been acquitted. She has exercised her right under the proviso to Section 372 of the Criminal Procedure Code, 1973, as a victim of the crime, by filing Crl.A.No.1123/2014. Vide Crl.A.No.1416/2014 the State seeks enhancement of the sentence imposed upon Parwati and Jeepu, praying that the maximum sentence for the offence punishable under Section 304 -II IPC i.e. ten years' imprisonment should be imposed upon them. Obtaining leave to appeal resulting in Crl.A.No.1685/2014 being registered, the State seeks conviction of all five accused for the offence of entering into a criminal conspiracy to murder Sandeep and for the offence of murdering Sandeep.

(3.) IN a nut shell, case of the prosecution was that Parwati and Sandeep were in illicit relationship with each other. Parwati was a widow. Their relationship was disliked by the other accused and for sometime a dispute was simmering between Parwati and Sandeep regarding custody of some papers. The five accused entered into a conspiracy to kill him. The contours of the conspiracy being that Parwati would entice Sandeep to her house and make him drunk so that the other accused could burn him with acid. Pursuant to the conspiracy, Parwati enticed Sandeep to her house in the night of June 04, 2010 and served him alcohol and made him drunk.