TILAK RATHORE AND ANR Vs. STATE

JUDGEMENT

(1.) The instant appeal has been filed being aggrieved by the judgment of conviction dated 05.07.2000 passed by the learned Additional Sessions Judge, Delhi convicting the appellants for the offence punishable under Sec. 498-A/306/34 of Indian Penal Code (hereinafter referred to as I.P.C.), and order on sentence dated 07.07.2000, whereby the appellant Tilak Rathore has been sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs.1,000.00 for the offence under Sec. 498-A/34 of Penal Code and in default of payment to further undergo rigorous imprisonment for six months. The appellant was also sentenced to undergo rigorous imprisonment for five years with fine of Rs.2,000.00 and in default of payment of fine to undergo rigorous imprisonment for one year for the offence under Sec. 306 IPC. As regards appellant Sangeeta is concerned, she has been sentenced to undergo rigorous imprisonment for a period of two years and fine of Rs.1,000.00 for the offence under Sec. 498-A/34 of Penal Code and in default of payment to further undergo rigorous imprisonment for six months. The appellant Sangeeta was also sentenced to undergo rigorous imprisonment for two years with fine of Rs.1,000.00 and in default of payment of fine to undergo rigorous imprisonment for six months for the offence under Sec. 306 IPC.

(2.) The factual matrix that emerges from the record is that the marriage of deceased Suman was solemnized with the appellant Tilak Rathore on 30.04.1998 and after about six months, on 11.01.1999, she was found to be hanging from the ceiling fan. An information with this respect was recorded vide DD No.7A (Ex.PW- 9/A). Sub-Inspector Ravi Kumar along with constable Maman Singh went to the spot and found from the window of the room that one lady was hanging with ceiling fan with a rope. The said room was bolted from inside. SDM was informed by Sub-Inspector Ravi Kumar. Door of the room was forcibly opened and place of occurrence was photographed and the spot was inspected by the crime team. Dead body was brought down from the ceiling fan, inquest proceedings were completed by the SDM and accordingly FIR (Ex.PW-8/A) was registered. SDM recorded the statements of the parents of deceased. It was stated that the deceased was being harassed and tortured by both the appellants due to which the deceased had committed suicide. Appellant Tilak Rathore was arrested and appellant Sangeeta was formally arrested, as she had obtained anticipatory bail in the case.

(3.) After completion of investigationally, charge sheet was filed in the court. Charge under Sec. 498-A and 306 read with Sec. 34 of Penal Code was framed against both the accused, to which they pleaded not guilty and claimed trial.