RAMESH KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) By the instant appeal, the appellant assails the judgment dated 17th May, 2000 whereby he stands convicted for commission of the offences under Sections 304B and 498A of the Penal Code with which he was charged in SC Case No. 25/1999 arising out of FIR No. 533/98 registered by the Police Station Jahangir Puri under Sections 498A/304B/406/34 of the Penal Code and the consequential order of sentence dated 23rd May, 2000 whereby he has been sentenced to undergo rigorous imprisonment for three years for the commission of the offence punishable under Sec. 498A Penal Code with fine of Rs. 500.00 and in default of payment of fine, to undergo simple imprisonment for one month. For commission of the offence under Sec. 304B IPC, the appellant stands sentenced to imprisonment for life with fine of Rs. 1,000.00 and in default to undergo simple imprisonment for two months. The sentences had been directed to run concurrently. It was also directed that the appellant would be entitled to the benefit under Sec. 428 of the Cr.P.C.

(2.) Telephonic information was received at the Police Station Jahangir Puri at 12:25 am on 22nd Oct., 1998 from Constable Umar Mohd., who was based in the Lok Narayan Jai Prakash Hospital, that one Smt. Sharda Devi, wife of the appellant - Ramesh Kumar resident of Block 'A' H.No.1262, Jahangir Puri aged about 27 years and her son Himanshu aged about 2½ years have been brought to the Lok Nayak Jai Prakash Hospital by Ramesh Kumar - the present appellant (her husband and father of the child) in a burnt condition. This information was logged as DD No.2B on the 22nd of Oct. 1998 itself. This document has not been proved on record of the trial court. Investigation carried out

(3.) It is necessary to examine the manner in which the inquiry and investigation had proceeded in the present case.