MOHD SARFARAJ Vs. STATE

JUDGEMENT

(1.) By virtue of this appeal u/s 374 (2) of the Code of Criminal Procedure, the appellant challenges the impugned judgment and order on sentence dated 28th April, 2014 and 30th April, 2014 in Sessions Case No. 95/2001 arising out of FIR No.410/2010 whereby he was convicted u/s 498A/306 IPC and was sentenced to undergo rigorous imprisonment for a period of six years and fine of Rs.15000/- in default to undergo rigorous imprisonment for six months u/s 306 IPC and rigorous imprisonment for three years and fine of Rs.5000/- in default to undergo rigorous imprisonment for a period of three months u/s 498A IPC. Both the sentences were to run concurrently.

(2.) The appellant was married to the deceased on 7th June, 2009. According to the prosecution, the appellant subjected the deceased to cruelty at 310/25, Onkar Nagar, Tri Nagar, Delhi demanding a sum of Rs.10,000/- at the time of delivery of a son and thereafter a sum of Rs.1 lac for purchase of computer. On account of unbearable cruelty, on 9th December, 2010, the deceased committed suicide by hanging with a ceiling fan.

(3.) In support of its case, prosecution examined 19 witnesses. The important witnesses who unfolded the prosecution story are PW10- Mohd. Kasim and PW13-Mohd.Sikandar, father and brother of the deceased respectively. PW1- Dr. Vijay Kumar Jha attached to BJRM Hospital conducted the post-mortem of the deceased. He opined that the cause of death was asphyxia as a result of ligature pressure over neck structure produced by ante mortem ligature hanging. The accused pleaded not guilty to the charge.