RAKESH KUMAR Vs. STATE (GNCTD)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6th April, 2018 passed by the learned District & Sessions Judge, North East District, Karkardooma Courts, Delhi in SC No.44549/2015 arising out of FIR No.89/2013 registered at Police Station ("PS") Khajuri Khas convicting the Appellant for the offence under Section 302 of the Indian Penal Code ("IPC") and the order on sentence dated 17th April, 2018 whereby he was sentenced to life imprisonment along with a fine of Rs. 20,000/-; and in default of payment of fine, to undergo simple imprisonment ("SI") for two years.

(2.) At the outset, it requires to be noticed that the Appellant (Accused No.1 "A-1") and his mother Leela ("A-2") were charged with having subjected Sunita (wife of A-1/the deceased) to cruelty on account of demand of dowry prior to the date of her death on the intervening night of 18th / 19th February, 2013 thereby committing an offence under Sections 498-A read with Section 34 IPC. A-1 was separately charged for having murdered his wife by strangulation at the aforementioned date and time.

(3.) One of the key witnesses for the prosecution was Smt. Roshni (PW-1) , mother of the deceased. Her initial statement before the Sub Divisional Magistrate ("SDM"), who conducted the inquest proceedings, was recorded on 18th February 2013 by Mr Rakesh Sharma, SDM (PW-4) and was exhibited as Ex.PW-1/A. In that statement, PW-1 mentioned in response to the specific questions put to her by PW-4 that the deceased and A-1 were married on 27th April, 2008 and that at the time of the marriage, no demand for dowry had been made. However, she stated that after the marriage, the in-laws of the deceased used to subject her to continuous harassment about the poor quality of the articles given to her by her parents at the time of marriage and about the genuineness of such articles. PW-1 specifically named A-2 and her daughter Poonam as harassing the deceased as a result of which she would often return home to her mother. She disclosed how she came to know of the death of her daughter only around at 7 am in the morning of 18th February, 2013 and she suspected A-1, A-2 and Poonam as having murdered the deceased.