GUDDU AND ORS. Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These are two appeals. The appellants before this Court are Guddu (the husband of the victim) and Sudha (the sister -in -law of the victim). Appellant Guddu has been convicted under Sec. 304 -B of the IPC as also Sec. 498 -A of the IPC. He has been sentenced to undergo RI for a period of 10 years and to pay a compensation of Rs. 30,000/ - and in default of payment of compensation, to undergo SI for 6 months for his conviction under Sec. 304 -B of the IPC. For his conviction under Sec. 498 -A of the IPC, he has been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo SI 9 months. Appellant Sudha has been convicted under Sec. 498 -A of the IPC. She has been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo SI 9 months. The sentences were to run concurrently for both the appellants.

(2.) This is a case of an unfortunate victim who had died in her matrimonial home. She was Pratibha Devi (hereinafter referred to as the deceased). The deceased had been married to the appellant Guddu on 07.12.2009 as per Hindu rites. She had succumbed to her death on 13.02.2010. This was on the first floor of her matrimonial home located at Q -49, Krishan Vihar, Delhi. The time of the incident was 01:30 pm in the afternoon. The victim had died by hanging. Her cause of death was asphyxia.

(3.) DD No. 27 -B (Ex. PW -11/A) was recorded at 01:50 PM at the local police station PS Sultan Puri giving information to the effect that one girl had been murdered in the aforenoted residence and her dead body was lying there. The PCR had separately been informed (Ex. PW -13/A). The information recorded by the PCR was also to the effect that a married lady Pratibha aged about 26 years and married 2 -3 months ago was found lying dead in her room. This information has been given by her sister -in -law Roopa. This DD was handed over to the Investigating Officer SI Jaipal (PW -22) who along with constable Narain Das (PW -18) reached the spot. A dead body of a lady was lying on the floor covered with a red chunni. Her name was revealed as Pratibha. There were ligature marks on the neck of the deceased. The SDM was informed.