WASIM Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) Wasim challenges the impugned judgment dated 17th February, 2017 convicting him for offences punishable under Sections 498A/306 IPC and the order on sentence dated 18th February, 2017 directing him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/-, in default whereof to undergo simple imprisonment for a period of one month, for offence punishable under Section 498A IPC and rigorous imprisonment for a period of four years and to pay a fine of Rs. 50,000/-, in default whereof to undergo simple imprisonment for a period of six months, for offence punishable under Section 306 IPC.

(2.) Assailing the conviction, learned counsel for the appellant contends that the appellant was charged for offence punishable under Section 304B IPC but was convicted for offence punishable under Section 306 IPC. Section 306 IPC cannot be said to be a minor offence in relation to offence punishable under Section 304B IPC within the meaning of Section 222 Cr.P.C. for the reason that the two offences are of distinct categories.

(3.) Learned APP for the State on the other hand submits that the call detail records from September 2015 to November 2015 between the appellant and Poonam explicitly reflect the extra marital affair between them. Furthermore, from the testimony of the brother, mother and father of the deceased the prosecution has proved its case that the appellant had threatened the deceased to leave him.