ROHIT GUPTA Vs. STATE

JUDGEMENT

(1.) The appellant (hereafter also referred to as the accused) has challenged the judgment dated 03.05.2016 passed by the ASJ-03 (Central), Tis Hazari Courts, Delhi whereby he has been convicted of the offences punishable under Section 498-A and Section 306 of the Indian Penal Code, 1860 (IPC). He also impugns an order dated 11.05.2016, whereby he has been sentenced to serve rigorous imprisonment for a period of two years and to pay a fine of Rs. 10,000/- for the offence punishable under Section 498A of the IPC and to serve a period of six years of rigorous imprisonment and pay a fine of Rs. 20,000/- of the offence under Section 306 of the IPC. In the event of default in payment of fine imposed, the accused is required to serve a further sentence of simple imprisonment of three months for the offence punishable under Section 498-A of the IPC and for a further period of six months for the offence punishable under Section 306 of the IPC. In terms of the order dated 11.05.2016, benefit of Section 428 of the Code of Criminal Procedure, 1973 (CrPC) has been accorded to the appellant and both the sentences are to run concurrently. It is relevant to note that although the accused was also charged with commission of an offence under Section 304 of the IPC, he has been acquitted of the said charge.

(2.) The accused has assailed the impugned judgment on several grounds, including the ground that he could not be held guilty of commission of an offence under Section 498-A IPC as the Court has found that there was no material to establish that the accused or his family members had demanded any dowry. The accused also claims that the facts, as brought out do not indicate that he had abetted the commission of suicide by his deceased wife.

(3.) On 25.03.2015, at around 01:20 A.M., information was received via a telephonic call that one Moni Gupta, wife of one Rohit Gupta was declared brought dead on having consumed thinner. The aforesaid information was recorded vide DD No. 17A (Ex.PW 14/A) and assigned to ASI Balraj Singh, who along with Ct. Arun, reached Babu Jagjivan Ram Hospital and MLC No.93848/15 (Ex.PW7/A) was prepared. Vide the seizure memo, four pairs of silver toe rings, one gold nose pin and one copper ring were seized from the body of deceased. Later, the dead body was sent to the mortuary of the abovementioned hospital where Ct. Arun was deputed to take care of the body. On coming to know that the deceased was married in 2010, he informed the SHO of the concerned police station. The SDM was also informed. Executive Magistrate/SDM, Amrinder Kumar Singh, came to B-57, Gali No.2, Satya Vihar, Burari, Delhi and he had inspected the spot. Crime Team was also called to the scene and photographs were taken of the crime scene. The Executive Magistrate had taken the bottle of thinner in his possession with the help of cotton and also seized one notebook written by deceased from her possession vide memo Ex.PW11/B, C & D On 26.03.2015, Executive Magistrate recorded the statement of the parents of the deceased, Sh. Prakash Gupta (Ex.PW 1/A) and Smt. Dev Wati (Ex.PW2/A) respectively and the same was given to the SHO of the police station.