KAMLESH KUMAR AND ORS. Vs. STATE OF DELHI

JUDGEMENT

(1.) By a common judgment dated 10th September, 1999, the appellantsKamlesh Kumar, husband of the deceased Neeta; his brother Kishore Kumar and his sister-in-law Manisha have been convicted for offences under Sections 304B and 498A of the Indian Penal Code, 1860 (IPC, for short). By order on sentence dated 16th September, 1999, the appellants have been sentenced to imprisonment for life and fine of Rs.50,000/- each for the offence under Section 304B IPC. In default of payment of fine, they have to undergo Simple Imprisonment for three years. For the offence punishable under Section 498A IPC, the appellants have been sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.5,000/- each and in default of payment of fine, they would undergo further Simple Imprisonment for six months each. The sentences, it is directed, are to run concurrently and benefit of Section 428 of the Code of Criminal Procedure, 1973 (CrPC, for short) has been granted.

(2.) The impugned judgment and order on sentence had also convicted and sentenced Ujjam Ven, mother of the appellant-Kamlesh Kumar. However, Ujjam Ven died during the pendency of the present appeal and in terms of order dated 18th February, 2005, the appeal preferred by her stands abated.

(3.) On the question of marriage of the deceased-Neeta with the appellant-Kamlesh Kumar, we have evidence of Mannu Bhai (PW-1) that the two had been married in October, 1994. According to Bharat Bhai's (PW-2) deposition, the deceased Neeta had been married to the appellantaccused Kamlesh since December, 1994. Kamlesh Kumar (PW-10) has categorically deposed that the appellant-Kamlesh Kumar had got married to Neeta on 13th December, 1994. He testified that deceased Neeta was the daughter of his Bua, i.e. father's sister. We are inclined to accept the testimony of PW-10 as to the date of marriage. Appellant-Kamlesh Kumar in his statement recorded under Section 313, Cr.P.C. has accepted that he got married to Neeta on 13th December, 1994. Thereafter, she started residing in her matrimonial home. However, appellant Kamlesh had claimed that the other three accused, i.e., Ujjam Ven (since deceased), Kishore Kumar and Manisha were residing in a separate house in Nand Nagri. We shall examine the veracity of the said claim at a later stage.