SUBHASH CHAND Vs. STATE

JUDGEMENT

(1.) This criminal appeal seeks to challenge the judgment and order dated 27.3.2002 of the Additional Sessions Judge in Sessions Case No. 243/2/97 arising out of FIR No. 395/97, Police Station, Subzi Mandi, whereby the learned Judge has acquitted the appellant of the offence under Section 498-A IPC but convicted him under Section 302 IPC. Further, by order dated 30.3.2002, the appellant was sentenced to life imprisonment together with a fine of Rs.5,000/- and in default thereof further rigorous imprisonment for five months.

(2.) The case of the prosecution, as put up in its charge-sheet and as noted by the learned Additional Sessions Judge, is that :

(3.) The prosecution, in order to prove its case, examined as many as eighteen witnesses. Of these are PW-1, Dr. K. Goyal, PW-2, Chhanga Ram, father of the deceased, PW-3, Rakesh, brother of the deceased, PW-4 HC Laxman Singh, Duty Officer, PW-5, Chander Kanta, sister-in-law of the deceased, PW-6, Jagdish Kumar, brother of the deceased, PW-7 ASI Jagdish Chander, the Investigating Officer, PW-8, Mr. H.P.S. Sran, SDM Civil Lines, PW-9, Mr.A.K. Garg, Additional Director Vigilance (earlier SDM Kotwali), PW-10, Mr. G. Sudhakar, Deputy Director Trainee (earlier SDM Sadar Bazar), PW-11 Retd. SI Radhey Lal, PW-12, Dr. Sunil Massand, PW-13, HC Anita, Duty Officer, PW-14, Sideshwar Mehto, Medical Record Technical RML hospital, PW-15, Ct. Rajbir, PW-16, Ct. Santok Raj, PW-17, SI Manoj Sharma, and PW-18, Dr. Sandeep Parbhakar.