SANDEEP Vs. STATEN.C.T. OF DELHI

JUDGEMENT

(1.) THE present appeals arise pursuant to trials in FIR No.720/2006 registered at PS Najafgarh relating to the death of Praveen Kumari.

(2.) PRADEEP Kumar is the husband of the deceased, Dilbagh Singh, her father -in -law and Sandeep, her brother -in -law who have been convicted for offence punishable under Sections 302/34 IPC in Sessions Case No.107/2008 and vide order dated September 30, 2009 directed to undergo imprisonment for life and to pay a fine of Rs. 50, 000/ - each which, if realised, has to be given to the parents of the deceased in equal proportion. Since Krishna, mother -in -law of the deceased could not be arrested initially she was declared a proclaimed offender. She was finally arrested on May 23, 2011 when supplementary charge sheet was filed and she was tried in Sessions Case No.96/2011 re -numbered as Sessions Case No.6/2012. She has been acquitted by the learned Sessions Judge for offence under Sections 302/34 IPC however, convicted for offence under Section 174A IPC and has been released on the period already undergone and to pay a fine of Rs. 3, 000/ - in addition. It may also be noted that Dilbagh Singh, Pradeep Kumar and Sandeep were also charged for offences punishable under Sections 498A/304B/34 IPC however, they have been acquitted of the said charges and no leave to appeal has been sought by the State against the said acquittal.

(3.) BEFORE adverting to the facts it would be appropriate to note that during the trial in Sessions Case No.107/2008 relating to Dilbagh Singh, Praveen Kumar and Sandeep 21 prosecution witnesses were examined and the defence examined no witness. In Sessions Case No.6/2012 the examination -in -chief of the witness recorded in Sessions Case No.107/2008 was tendered and the 21 witnesses were permitted to be cross -examined by Krishna. Further two more witnesses PW -19 SI Yogender Kumar and PW - 20 W/Constable Raj Bala relating to the arrest and filing of the supplementary charge sheet qua Krishna were examined. In addition in Sessions Case No.6/2012 the defence examined ten witnesses.