STATE Vs. SANJAY SINGH

JUDGEMENT

(1.) The State in this appeal has challenged the order dated 30th March, 2016 passed by the learned District and Sessions Judge, North East in SC No.45066/2015 (Old SC No.45/15) arising from an FIR No.460/97 registered at Police Station ("PS") Gokalpuri to the extent that by the said judgment, the Respondent/Accused has been acquitted of the offence under Section 304B Indian Penal Code ("IPC") even while he was convicted for the offence under Section 498A IPC.

(2.) This is the second round of litigation in this Court. In the earlier round, against the judgment 31st January, 2000 and order on sentence dated 8th January 2000, passed by the trial Court, the Respondent and the co-accused Satbir had filed Crl. Appeal Nos. 156 and 90 of 2000 respectively in this Court. By the said judgment, the learned trial Court had convicted the Respondent for offences under Sections 304B and 498A of the IPC whereas the co-accused Satbir had been convicted for the offence under Section 498A IPC. By the order on sentence dated 8th February 2000, which was also challenged in those appeals, the Respondent herein had been sentenced to rigorous imprisonment ("RI") for life for the offence under Section 304B IPC and for the offence under Section 498A IPC, to RI for 3 years and fine of Rs.20,000/-, and in default to undergo RI for 8 months.

(3.) By the judgment dated 28th May 2015, in the aforementioned Crl. Appeal Nos. 156 and 90 of 2000, this Court set aside the judgment of the trial Court. This Court held that in light of the evidence and material on record, the conviction of the co-accused Satbir under Section 498A IPC was not justified and, therefore, allowed his appeal.