AMI LAL & ORS. Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellants before us assail the judgment dated 31st Oct., 2000 whereby Ami Lal, his wife Smt. Feroz @ Shanti and their daughter Anju were held guilty for commission of offences punishable under Sec. 498A and Sec. 302 read with Sec. 34 Penal Code in Sessions Case No. 49/94 which arose out of FIR No. 441/91 registered under Sec. 498A/302 read with Sec. 34 Penal Code by the Police Station Kashmiri Gate. The appellants also assail the consequential order of sentence dated 2nd Nov., 2000 whereby the trial court sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.3,000.00 each, in default to further undergo rigorous imprisonment of six months for the commission of the offence under Sec. 302 read with Sec. 34 IPC. So far as the commission of the offence under Sec. 498A read with Sec. 34 Penal Code is concerned, the trial court has sentenced the appellants to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000.00 each, in default of payment of fine to further undergo rigorous imprisonment of four months each. The appellants were held entitled to the benefit of Sec. 428 of the Crimial P.C. and the sentences of imprisonment were directed to run concurrently.

(2.) It appears that during the pendency of the appeal, Feroz @ Shanti Devi, appellant no.2 died on 10th March, 2003 and the appeal qua her abated.

(3.) The present appeal is, therefore, pressed on behalf of Ami Lal-appellant no.1 and his daughter Anju-appellant no.3, i.e. the father-in-law and sister-in-law of the deceased.