DILIP Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant under section 374(2) of the Cr.P.C., 1973 against the judgment dated 10.08.2015 whereby the appellant has been convicted under Section 498A/304B/302 IPC and against the order on sentence dated 12.08.2015 whereby the appellant has been sentenced to undergo two years rigorous imprisonment along with fine of Rs. 10,000/- and in default of payment of fine to further undergo two months imprisonment under Section 498A IPC; to undergo life imprisonment with fine of Rs. 20,000/- and in default of payment of fine to further undergo two months imprisonment under Section 302 IPC; and to undergo ten years rigorous imprisonment along with fine of Rs. 20,000/- and in default of payment of fine to further undergo two months imprisonment under Section 304B IPC.

(2.) Factual matrix, emerging from the record, is that the marriage of the appellant was solemnized with deceased Poonam on 07.07.2011 and thereafter the deceased started residing with the appellant at her matrimonial home. It was alleged that the appellant was cruel towards his wife and used to beat her up. The appellant used to taunt his wife that she had brought insufficient dowry and used to ask her to bring more cash and a car from her father. On 25.12.2011 at about 4.40 a.m., an information was received at the police station regarding a quarrel in the street where the house of the appellant was situated. On the same day, at about 5.10 a.m., another information was received from the hospital to the effect that Poonam who was admitted in an injured condition by her husband had been declared as "brought dead". SI Brij Bhushan and Ct. Sunil rushed to the spot and found blood lying there. Further investigation of the case was entrusted to Insp. Dharam Pal Singh. Father of the deceased was informed about the incident and he made a statement before the Executive Magistrate to the effect that his deceased daughter used to be frequently harassed on account of bringing insufficient dowry.

(3.) On the basis of the statement made by the father of the deceased, FIR of the instant case was registered. Postmortem on the dead body of deceased was conducted and as per the opinion of the doctor, death of the deceased was caused due to cranio-cerebral damage consequent upon head injuries which were ante-mortem in nature and caused by a heavy blunt object. Weapon of offence i.e. wheel paana was recovered from the house of the appellant. After the completion of investigation, charge sheet was filed in the Court.