RAM KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred against the conviction and sentence of the appellant dated 12th November 2010 and 15th November 2010 respectively whereby the appellant was convicted for offences under Section 304B/498A of the Indian Penal Code 1860 (hereinafter referred as IPC) and was sentenced to undergo Rigorous Imprisonment for ten (10) years for offence u/s 304B IPC and Rigorous Imprisonment for three (3) years and fine of Rs 10,000 in default of which to undergo Simple Imprisonment for 5 months for offence u/s 498A IPC. Benefit u/s 428 Cr.P.C was also given to the appellant.

(2.) The gravamen of the prosecution case succinctly stated is as under:- The appellant got married to Seema on 8th July 2003. However on 29th September 2007, Seema (hereinafter referred to as deceased) committed suicide by hanging herself in her matrimonial home. Information in the form of DD no. 26-B (Ex.PW11/A) was received on 29th September by Inspector Shyam Singh, posted at PS Aman Vihar that a lady named Seema had been admitted to Sanjay Gandhi Memorial Hospital(SGMH). He along with Constable Satbir reached the hospital. The deceased was declared brought dead by the doctor. The dead body of Seema was shifted to the mortuary in SGMH. Thereafter, they reached the spot i.e. D-234, Inder Enclave, PhaseII, Mubarakpur, Aman Vihar, Delhi where the crime team was called. They inspected the spot and photographs were taken. One printed lungi lying in the room which was used for hanging was seized vide seizure memo Ex.PW15/A. Statement of the parents of the deceased were recorded on 1st October, 2007 and Executive Magistrate made his endorsement. Postmortem of the dead body of the deceased was conducted and the dead body was then handed over to the parents of the deceased. Thereafter, case was registered vide FIR no. 41/07 u/s 498A/304B/34 IPC and further investigation was entrusted to Inspector Deen Dayal.

(3.) At the trial, the prosecution examined as many as 16 witnesses to prove its case. All the incriminating evidence was put to the accused persons while recording their statements under Section 313 Cr.P.C. wherein they denied the case of prosecution and claimed false implication in the case. Appellant Ram Kumar took the plea that he kept his deceased wife with love and care and the entire allegations levelled against him are without any substance and that the complainant had falsely implicated him for the purpose of extorting money. None of the accused preferred to lead any evidence in their defence.