MOHIT MEHRA Vs. STATE

JUDGEMENT

(1.) The appellant and his mother (Manju Mehra) stood trial in the court of sessions in Sessions Case (No.59/1998) registered on the basis of report (charge sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on conclusion of the investigation into first information report (FIR) No.831/1997 registered on 03.10.1997, on the charge for offences punishable under Section 304-B read with Section 34 of Indian Penal Code, 1860 (IPC), in the alternative for the offence under Section 306 IPC read with Section 34 IPC and additionally, the charge for offence under Section 498-A IPC.

(2.) By judgment dated 07.05.2001, the court of sessions acquitted the mother of the appellant giving her benefit of doubt, primarily on account of fact that the evidence would show that she had been living separately in Mumbai with her other son for quite some time past. The trial court, however, found the appellant guilty and convicted him for the offences under Sections 498-A and 304-B IPC, there consequently being no occasion to return any conclusion vis-à-vis alternative charge under Section 306 IPC. By order dated 15.05.2001, the trial Judge awarded rigorous imprisonment for seven years for offence under Section 304-B IPC, and rigorous imprisonment for three years with fine of Rs.2,000/- for offence under Section 498-A IPC, directing both the sentences to run concurrently and the benefit of Section 428 Cr.P.C. being accorded.

(3.) By a previous order dated 31.10.2001 passed on this appeal which was presented to challenge the said judgment and order on sentence, the sentence was suspended and the appellant was released on bail pending hearing on the appeal.