RAVI KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal challenges the impugned judgment of conviction dtd. 8/5/2003 and order on sentence dtd. 11/7/2003 passed by Mr. H.S. Sharma, Additional Sessions Judge, New Delhi in FIR No. 352/1997 under Ss. 498A/34 and Ss. 306/34 of the IPC, registered at P.S. Najafgarh whereby the present appellant has been convicted under Sec. 498A IPC and sentenced to undergo RI for one year and to pay a fine of Rs.5,000.00 (in default, further RI for three months).

(2.) The case of the prosecution was that the present appellant was married to Smt. Raj Kumari in the year 1988. It is the case of the prosecution that after the said marriage Smt. Raj Kumari had been treated properly for a period of one year and thereafter she was ill-treated by the present appellant alongwith other co-accused persons for not bringing sufficient dowry. It is further the case of prosecution that on 29/5/1997, at about 1:00 P.M. Smt. Raj Kumari sustained burn injuries and was immediately taken to Base Hospital by the appellant and one Kamlesh (PW9). In the Base Hospital, she was examined by Dr. S.N. Patnaik (DW-1). It is further stated that she was referred to Safdarjung Hospital, however, she could not survive and succumbed to the burn injuries on the same day, i.e., 29/5/1997 at about 11.40 P.M. The family members of the Smt. Raj Kumari (hereinafter referred as 'deceased") were informed and statements of family members including Prem Narain (PW-1/father of the deceased) were recorded. Prem Narain (PW-1/father of the deceased) then handed over a typed complaint to the Investigating Officer, on the basis of which the present FIR got registered.

(3.) Charges under Sec. 498A read with Sec. 34 IPC and Sec. 306 read with 34 of the IPC were framed against the present appellant and four other persons namely Shri Govind Swami, son of Muthu Swami (father of the appellant), Shri Ramesh Kumar, son of Govind Swami (brother of the appellant), Smt. Sunita, wife of Ramesh Kumar (sister-in-law of the appellant) and Smt. Shanti Devi, wife of Govind Swami (mother of the appellant).