SUDHIR AGGARWAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This common order will dispose of the three applications Nos.1544, 1547 and 1624 of 2004 filed by appellants Sh. Sudhir Aggarwal, Sh. Sunil Jain, Sh. Madan Mohan Aggarwal & Alok Aggarwal in their appeals for suspension of sentence during the pendency of their appeals. All the applicants (appellants) are related to each other and have been convicted and sentenced vide judgment dated 27th September, 2004 for offences under Section 498-A/304-B IPC read with Section 34 of IPC to life imprisonment and a fine of Rs.5,000/- and in case of default to a further rigorous imprisonment for six months.

(2.) It all started with the suicide committed by 23 year old commerce graduate Anjali at the residence of her father just one day after the marriage with applicant Alok Aggarwal on 5th November, 1995. An FIR No.256/1995 was lodged by the bride's father on 6.11.1995 leading to prosecution of applicants under Section 498A/304B read with Section 34 IPC. In this it was inter-alia alleged that though agreed dowry of certain articles/items/cash was given on Vidai, the bride's in laws, Nand (husband's sister) and Behnoi (Sunil Kumar) alongwith Jeth (Sudhir Kumar) insisted and pressurized for purchase of a new car from open market. The bride's father-in-law M.M.Aggarwal alongwith Nanad, Nandoi, Jeth and Jethani said that the commitment was not fulfilled and so on. In this FIR, it was lastly stated by the complainant father:

(3.) All applicants who are closely related to each other were booked, arrested and prosecuted and finally sentenced to life imprisonment. They were, however, released on bail during trial and there is nothing to show that they jumped the bail or misused it in anyway. The bail applications were hotly contested by the rival counsel. The complainant's counsel, Mr.Sandeep Sethi was also heard.