PUSHPENDER SINGH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) By judgment dated 25.11.2014 in sessions case no. 83/2009, the learned Additional Sessions Judge (North) found the appellant-Ravinder (Crl.A.287/2015) guilty and convicted him for the offence under Section 302 of Indian Penal Code, 1860 (IPC) for the murder of his wife Meena. By the same judgment, the said appellant-Ravinder alongwith four others viz. Pushpender, Phoolwati, Babu Lal and R.Harshinder (appellants in Crl.A.No.160/2015), were held guilty on the charge for the offences punishable under Sections 304-B/498-A/34 IPC, committed against Meena. The said four appellants (Crl.A.No.160/2015) had also stood trial with appellant Ravinder on the charge under Section 302/34 IPC, of which they were acquitted. By order dated 08.01.2015, the learned trial court awarded imprisonment for life with fine of Rs. 25,000/- to Ravinder (A-1). Each of the appellants was sentenced to rigorous imprisonment (R.I.) for ten years with fine of Rs. 20,000/- for the offences under Section 304-B/34 IPC and R.I. for three years with fine of Rs. .25,000/- each for offence under Section 498-A/34 IPC with further direction that in case of default in payment of fine they would undergo R.I. for six months and three months respectively.

(2.) The two criminal appeals (Nos. 160/2015 and 287/2015) have been preferred by the convicted persons to assail the aforesaid judgment and order on sentence. The acquittal (of the appellants in criminal appeal No.160/2015) on the charge for the offence under Sections 302/34 IPC has been challenged by Mani Ram (father of the deceased Meena) by independent appeal no.569/2015.

(3.) Meena, daughter of Mani Ram (PW-3) and Gyanwati (PW-6), got married to appellant-Ravinder (accused No.1) on 20.06.1999. A male child (named "Harry") took birth out of this wedlock on 26.08.2000. On 27.04.2001, at 0055 hours, First Information Report (FIR) No.129/2001 was registered (vide Ex.PW-9/A), at the instance of Meena, by Police Station Civil Lines (Delhi) for investigation into offence under Section 498-A of Indian Penal Code, 1860 (IPC). Allegations were made in the said FIR by Meena about she having been subjected to cruelty by her husband Ravinder (accused no.1) and his two brothers, namely, Pushpender Singh (accused no.2) and R. Harshinder (accused no.4) during her stay in the matrimonial home described as H.No.252 Old Chandrawal, Civil Lines, Delhi.