INDERJEET SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 01.10.2012 passed by learned Additional Sessions Judge, South-East, Saket in Sessions Case No.318/2009 arising out of FIR No.266/09 registered at Police Station Sangam Vihar under Section 498A/304B IPC whereby the appellant was convicted for offences punishable under Section 304B as well as 498A IPC and order on sentence dated 08.10.2012 vide which he was sentenced to undergo rigorous imprisonment for 10 years for offence under Section 304B IPC and 3 years Rigorous Imprisonment and a fine of Rs.10,000/- for offence under Section 498A IPC in default, to undergo six months simple imprisonment. Both sentences were ordered to run concurrently. The appellant was granted benefit of Section 428 Cr.P.C. The gravamen of the prosecution case is as under:

(2.) On 03.07.2009 on receipt of an information in police station Sangam Vihar from police control room about a lady having died by hanging in Gali No.3, D-Block, Near Sangam Vihar Sani Mandir, DD No.14-A Ex.PW8/A was recorded. The same was assigned to PW14 ASI Pritam Singh who alongwith PW10 constable Rajender Singh reached the house. One lady by the name of Smt.Pinki was found hanging on a ceiling fan. Interrogation revealed that Pinki has died within four years of her marriage. Information was given to PW16 Executive Magistrate Sh Alok Sharma. Executive Magistrate recorded statement of mother of the deceased PW7 Smt.Asha Devi wherein she stated inter alia that her daughter Pinki got married to Inderjeet alias Rinku on 15.02.2006. Dowry was given as per the demands made by Inderjeet and his family members. They also promised to make payments later. For 2-3 months there was no complaint. Thereafter, the victim was ousted from her matrimonial home by her mother-in-law after giving beatings. On their persuasion, in-laws of Pinki took her back. Inderjeet took her to house no. D-3/145, Sangam Vihar. She was informed by the neighbours that Pinki was beaten by accused Inderjeet and his father Udai Veer Singh for 3-4 days. His sister and brother-in-law were also involved in the beating. According to her, the victim died due to demand of Rs.50,000/- and a vehicle. She prayed for action against them. On the recommendation of Executive Magistrate, FIR in question was registered for offences punishable under Section 498A/304B/34 IPC. After completion of investigation, chargesheet was filed against the accused.

(3.) Accused pleaded not guilty to the charge and claimed trial. In order to substantiate its case, prosecution in all examined 16 witnesses. Accused pleaded his innocence and examined one witness DW-1 Bhawar Singh. Vide impugned judgment and order on sentence, the learned Additional Sessions Judge convicted the appellant and sentenced, as mentioned above.