RAJESH KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) On 9.10.1994, Anju, wife of Rajesh ("the appellant"), aged 22 years, suffered burn injuries in the evening hours at her residence in property No. RZ 59 F, Dharam Pura Colony, Najafgarh. She was brought to Deen Dayal Hospital ("the hospital") at 9 p.m. on the same night by her husband (the appellant). She succumbed to the burn injuries during treatment in the hospital at 5.05 a.m. on 15.10.94. The First Information Report ("FIR") was registered (vide Ex.PW4/A) on 17.10.94 at 1 p.m., under directions dated 16.10.94 (Ex.PW10/J) of Mr. Virender Kumar (PW-10), the Sub Divisional Magistrate ("SDM") on the basis of statement (Ex.PW10/H) of Smt. Shanti, mother of the victim, and the matter taken up for investigation into offences under Sections 498 A and 304 B of the Indian Penal Code, 1860 ("IPC").

(2.) On conclusion of investigation into the aforementioned FIR, report under Sec. 173 of the Code of Criminal Procedure, 1973 ("Cr.P.C") was submitted. This led to the appellant (husband of the deceased) being brought to trial (in Sessions Case No. 139/1997) on the charge for offence punishable under Sec. 304 B IPC. By judgment dated 16.2.2000, appellant was held guilty as charged and upon conviction was sentenced, by order dated 18.2.2000, to imprisonment for life with fine of Rs. 25,000, in default further Simple imprisonment for two years.

(3.) The appeal at hand was preferred challenging the above mentioned judgment and order on sentence.