PARBHATI DEVI & ORS. Vs. STATE

JUDGEMENT

(1.) As per the impugned judgment dated October 31, 2001, passed in Sessions Case No.52/96, the learned Additional Sessions Judge New Delhi has held the three accused : Gulab Devi, Parbhati Devi and Hira Lal guilty for having committed an offence punishable under Section 498A/34 IPC. Accused Gulab Devi has also been held guilty for having committed an offence punishable under Section 302 IPC.

(2.) In terms of the order on sentence dated November 26, 2001, accused Parbhati Devi and Hira Lal have been sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 498 A IPC. Fine of Rs.5,000/ - each has also been imposed; in default of which the two would be liable to undergo further rigorous imprisonment for three months. Accused Gulab Devi has been sentenced to undergo imprisonment for life for the offence punishable under Section 302 IPC. Fine in sum of Rs.100/ - has also been imposed, in default of which the accused has been directed to be liable to undergo rigorous imprisonment for two days. For the offence punishable under Section 498A IPC, accused Gulab Devi has been sentenced to undergo rigorous imprisonment for a period of two years. Fine in sum of Rs.4,900/ - has also been imposed; in default of which she is liable to undergo further rigorous imprisonment for three months.

(3.) According to the case projected by the prosecution, Smt.Sheela Devi (hereinafter referred as the 'deceased') was married to the appellant : Hira Lal on May 28, 1991. Incidentally, on the same day Asha PW -5, who was the younger sister of the deceased was also married to Madan, brother of Hira Lal. Unfortunately, as fate would ordain, none of the sisters attained marital bliss and were cursed to suffer acrimony in their matrimonial home. Appellants : Parbhati Devi (mother -in -law of the deceased) and Gulab Devi (jethani/sister -in -law of the deceased) would demand dowry at regular intervals and taunt the deceased. The husband : Hira Lal, often quarreled with the deceased, although as evidence would establish he would not demand dowry. The deceased would also remain perturbed on account of the fact that her younger sister Asha was ill treated by her husband : Madan and in view of such attending circumstances she was compelled to return to her parental home.