GOPAL DUTT Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10th October 2002 passed by the learned Additional Sessions Judge (ASJ), Karkardooma Courts, Shahdara, Delhi in Sessions Case No.133/1999 arising out of FIR No.552/1997 registered at Police Station ("PS") Gokulpuri, convicting the Appellant for the offence under Section 302 IPC and the order on sentence dated 11 th October 2002 sentencing him to imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo rigorous imprisonment for two years.

(2.) At the outset, it should be noted that the Appellant was sent up for trial along with three other co-accused, i.e. his mother Beena Devi, his brother Madan Mohan, and his sister-in-law Basanti Devi. All four of them were charged with (i) having subjected the Appellant's wife, Kiran @ Kala (hereinafter "deceased"), to cruelty and harassment for dowry thereby committing an offence punishable under Section 498-A/34 IPC and (ii) on account of Kiran having died an unnatural death on 17th August 1997 in the house of the Appellant, for having committed an offence of dowry death punishable under Section 304-B/34 IPC. The above charges were framed by the trial Court on 12th November 1998.

(3.) After the prosecution examined thirteen witnesses, the statements of the accused were recorded under Section 313 CrPC on 4th November 2000. All the accused, including the Appellant, denied the incriminating circumstances and claimed innocence. The explanation offered by the Appellant was: