SANJAY SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of the aforementioned appeals filed by Sanjay Singh and Satbir. These two appeals arise out of a common judgment dated 31st January, 2000 and order on sentence dated 8th February, 2000. Appellant Sanjay Singh, husband of the deceased Suman has been convicted under Sec. 304 -B and 498 -A of the Indian Penal Code, 1860 (IPC, for short), whereas appellant Satbir has been convicted under Sec. 498 -A IPC. By order on sentence dated 8th February, 2000, appellant Sanjay Singh has been sentenced to imprisonment for life for the offence under Sec. 304 -B IPC and rigorous imprisonment of three years and fine of Rs. 20,000/ - under Sec. 498 -A IPC. In default of payment of fine, he has to undergo rigorous imprisonment of eight months. Appellant Satbir has been sentenced to rigorous imprisonment for three years and fine of Rs. 10,000/ - and in default of payment of fine, to undergo rigorous imprisonment of six months for the offence under Sec. 498 -A IPC.

(2.) For the sake of record, we mention that the conviction arises out of the charge sheet filed in FIR No. 460/1997 (Ex. PW11/B) police station Gokalpuri, which was recorded under Ss. 302, 498 -A, 304 -B and 34 IPC. We also note that Vijay Singh, father of appellant Sanjay Singh was also convicted by the impugned judgment for the offence under Sec. 498 -A and sentenced to rigorous imprisonment of three years and fine of Rs. 20,000/ - with the stipulation that in case of failure to pay fine, he would undergo rigorous imprisonment of three months. However, Vijay Singh expired during the pendency of the present appeal.

(3.) During the course of hearing of Sanjay Singh's appeal, our attention was drawn to the factual position that the charge framed by the trial court on 15th May, 1998 against appellants Sanjay Singh, Satbir and others was under Sec. 302 IPC and not under Sec. 304B IPC. The charge framed on 15th May, 1998 records that they (accused) had in furtherance of common intention committed murder of Suman and Kumari Shweta, wife and daughter of the appellant, respectively, by strangulating them and thereby they had committed murder under Sec. 302 read with Sec. 34 IPC. The contention raised is that the appellant Sanjay Singh has been convicted under Sec. 304 -B IPC and not under Sec. 302 IPC, i.e. the Sec. mentioned in the charge framed on 15th May, 1998.