SUBHASH CHAND SHARMA Vs. STATE

JUDGEMENT

(1.) Vide instant appeal under Section 374 of the Cr P C appellant assailed the conviction judgment dated 09.04.2002 whereby he was held guilty for the offence punishable under Section 498A of the IPC and also assailed order on sentence dated 24.04.2002 vide which he was sentenced to two years rigorous imprisonment and fine of Rs.5,000/ - in default of which further undergo rigorous imprisonment for three months. Benefit of Section 428 of the Cr P C was also extended to him.

(2.) Initially, vide case FIR No.365/1992 registered at police station Dabri, Delhi the case against the appellant was for the offences punishable under Sections 498A/304B of the IPC. However, during trial the prosecution has failed to establish its case beyond reasonable doubt under Section 304B of the IPC against appellant. Therefore, vide judgment dated 09.04.2002, learned Trial Court acquitted the appellant thereunder, however convicted under Section 498A of the IPC.

(3.) Learned counsel appearing on behalf of appellant under instructions of appellant, who is personally present in the Court submits that he is not disputing the conviction order and judgment dated 09.04.2002, however, submits that the marriage of appellant and deceased took place on 16.05.1991 and the alleged incident is dated 27.09.1992. The deceased left a male child, who is dependent upon appellant. Three more children are therein the family form the second wife of appellant. He already suffered 23 years of litigation. Appellant is 47 years of age and has prayed that order on sentence dated 24.04.2002 may be modified and released for the period already undergone.