RAKESH Vs. STATE OF DELHI

JUDGEMENT

(1.) The present appeal has been filed under Sec. 382 Crimial P.C. against judgment and order on sentence dated 25.07.2001 whereby the appellants have been found guilty and convicted for the offence punishable under Sec. 498A and 304B and sentenced to undergo RI for seven years each for the offence under Sec. 304B Penal Code and to undergo RI for six months each and to pay fine of Rs. 5,000.00 each, in default to undergo SI two months for the offence under Sec. 498A IPC.

(2.) The facts of the case, as per the case of the prosecution, in a nutshell are that on 06.11.1996 an intimation was received vide DD No.43 at 10.20 P.M. through wireless that near house no.204/a, Chota Bazar, Gudia Mohalla, Circular Road, Shahdara, Delhi a women had set herself ablaze and had been removed to JPN Hospital at 10.55 P.M. She died on the next day. FIR was registered on 07.11.1996. Post mortem was conducted and the SDM recorded the statement of the brother of the deceased and ordered the registration of a case under Sec. 304B and 498A of IPC. After investigation, the charge sheet was filed against appellant No.1/Rakesh (husband of the deceased) and appellant No.2/Kamla (Mother-in-law of the deceased). The case was later committed to the court of sessions.

(3.) Vide order 105.1998, charge under Sections 304B/34 Penal Code & 498A/34 Penal Code was framed against both the accused persons to which they pleaded not guilty and claimed trial.