VIKAS MEHTA Vs. STATE GOVT OF NCT DELHI

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 05.10.2013 of learned Addl. Sessions Judge in Sessions Case No.82/2013 arising out of FIR No.395/2010 PS Shalimar Bagh whereby the appellant - Vikas Mehta was convicted for commission of offences punishable under Sections 498A/306 IPC. By an order dated 26.10.2013, he was sentenced to undergo RI for ten years with fine Rs. 10,000.00 under Sec. 306 Penal Code and RI for three years with fine Rs. 5,000.00 under Sec. 498A IPC. Both the sentences were to operate concurrently.

(2.) The facts, briefly stated, are that on 15.11.2010 at around 01.00 p.m., the victim Neha married to the appellant Vikas Mehta as per Hindu rites and customs on 011.2009 committed suicide by hanging herself from the ceiling fan. The intimation was conveyed to the police by the appellant himself and DD No.20A (Ex.PW-5/A) came into existence at around 03.15 p.m. The investigation was assigned to SI Rajan Pal who along with Const. Durga Dass went to the spot i.e. 2nd floor of House No.197, Gali No.2, Shalimar Bagh, Delhi. Crime team visited the spot at around 04.30 - 05.00 p.m. Victim's parents arrived at the spot. The body was sent to mortuary BJRN Hospital for post-mortem examination.

(3.) On 16.11.2010, the Executive Magistrate recorded statements of the victim's mother - PW-9 (Neeru) and that of her father - PW-14 (Baldev Raj Bhardwaj). FIR under Sections 498A/304B/34 Penal Code was registered. During investigation, statements of the witnesses conversant with the facts were recorded. The appellant, his parents and sister were arrested. Upon completion of investigation, a charge-sheet was submitted against all of them in the court for the commission of the aforesaid offences. To prove its case, the prosecution examined twenty witnesses. In 313 Crimial P.C. statements, the accused persons denied their involvement in the crime and pleaded false implication. After considering the rival contentions of the parties and on appreciation of the evidence, the Trial Court convicted the appellant for commission of offences punishable under Sections 498A/306 IPC. It is pertinent to note that other accused persons - Jeet Lal Mehta and Asha Rani (victim's in-laws) and Sweety @ Suman Mehta (victim's sister-in-law) were acquitted of the charges. The appellant was also acquitted of the charge under Sec. 304B IPC. State did not challenge their acquittal. Being aggrieved and dissatisfied for conviction under Sec. 498A/306 IPC, the appellant has preferred the instant appeal.