LAWS(DLH)-2017-2-103

PARVEEN KUMAR Vs. STATE

Decided On February 20, 2017
PARVEEN KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The instant appeals have been preferred by the appellants Parveen Kumar, Ramesh Chander and Ajay Kumar to challenge the legality and correctness of a judgment dated 30.04.2014 of learned Addl. Sessions Judge in Sessions Case No.23/2013 arising out of FIR No.88/2011 PS BHD Nagar by which they were held guilty for committing offences punishable under Sections 304B/498A/34 IPC. By an order dated 05.05.2014, they were sentenced to undergo RI for ten years with fine Rs. 10,000.00 each under Sec. 304B/34 Penal Code and RI for three years with fine Rs. 2,000.00 each under Sec. 498A/34 IPC. Both the sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as reflected in the charge sheet was that Meenakshi (since deceased) was married to Ajay on 19.04.2010. Her death took place in the matrimonial home on 16.05.2011. In her statement (Ex.PW-3/A) Laxmi victim's mother informed that on 16.05.2011 at around 08.00 p.m. she got a telephone call from Ajay, her sonin-law, informing that Meenakshi had fallen from the stairs. Before their reaching the hospital i.e. Ortho Hospital, Gopal Nagar, Meenakshi had already expired. She levelled allegations of harassment on account of dowry demands against the appellants. In his statement (Ex.PW-5/A) Sunil victim's brother alleged that his sister used to be given beatings during her stay in the matrimonial home.

(3.) During investigation, post-mortem examination of the body was conducted. As per post-mortem report (Ex.PW-6/A) dated 17.05.2011 prepared by PW-6 (Dr.Pervinder Singh) external injuries numbering 19 in all were found on the victim's various body organs, including vital ones. On internal examination, it was observed :