SATYA PARKASH DUBEY Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted under section 302 Indian Penal Code for the murder of his wife Promila and sentenced to life imprisonment vide impugned-judgment dated 28th January, 1992 passed by a learned Additional Sessions Judge, Delhi.

(2.) Briefly the facts are that the appellant was married to Promila on 10th June, 1987. He was at that time residing in a village in district Gorakhpur. The appellant continued to live in the village for about one and half months after the marriage. Thereafter the couple shifted to Delhi and started residing in the house of the younger brother of the appellant where the father of the appellant was also residing. The house is at first floor of quarter No. 74, Mangol Puri, Delhi. The appellant got a job in which his duty hours were during the night. On the night between 10th and 11th April, 1989, an FIR No. 153/89 was registered at 1.40 A.M. under section 354 Indian Penal Code at police station Mangol Puri in which Promila, wife of the appellant made a complaint against real brother of the appellant for trying to outrage her modesty. On that night, the appellant returned home early from his work, i.e., around 11.00 or 12.00 and found his wife lying on the floor in a disturbed condition. His wife narrated to him the entire incident. He informed the police through telephone. SI Jagroop Singh, Public Witness 21 stated that this telephone message was recorded in the daily diary in the police station and he went to the house of the accused and recorded the statement of Promila. Thereafter the aforesaid FIR was registered. According to SI Jagroop Singh he arrested Om Parkash, the brother of the appellant as well as his father and brought them to the police station. The accused and his wife Promila also came along to the police station. However, all of them were released from the police station. The accused in his statement under section 313 Criminal Procedure Code . stated:

(3.) From the above statement of the accused it appears that it was not just a case of the brother of the accused trying to outrage the modesty of his wife Promila. In fact she wanted to be medically examined. It appears that the police officer as also the appellant and his brother Om Parkash and father Ram Rattan tried to hush up the matter because it was a family affair and the family honor was at stake.