LAWS(DLH)-2018-4-361

SAVITRI DEVI Vs. STATE

Decided On April 24, 2018
SAVITRI DEVI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) These three appeals are directed against the impugned judgment dated 28th November, 2016 passed by the learned District & Sessions Judge (East), Karkardooma Courts, Delhi ("DSJ") in Sessions Case No.483/2016 arising out of an FIR No.271/2013 registered at Police Station ("PS") Mandawali, convicting the Appellants for the offence under Section 302/34 of the Indian Penal Code ("IPC") and the order on sentence dated 26th December, 2016 whereby each of the Appellants was sentenced to undergo imprisonment for life with a fine of Rs.10,000/- each; and in default of payment of fine, to further undergo simple imprisonment ("SI") for six months.

(2.) The charge framed against each of the Appellants was that between 27th June, 2012 and 10th May, 2013 at House No.357A, Top Floor, Pandit Mohalla, Mandawali, Delhi the three of them i.e. Pawan Sharma (Appellant in Crl. Appeal. No.1106/2017) (Accused No.1: "A-1"); Smt. Savitri Devi, mother of A-1, (Appellant in Crl. Appeal. No. 188/2018) ("A-2"); and Sudhir Sharma, the brother of A-1 (Appellant in Crl. Appeal. No.59/2018) ("A-3") in furtherance of their common intention subjected the deceased Poonam Sharma, wife of A-1, to cruelty for or in connection with the demand of dowry and thereby committed an offence punishable under Section 498A read with Section 34 IPC.

(3.) The second charge was that the three accused in furtherance of their common intention harassed and tortured the deceased in connection with the demand of dowry to such an extent that she died on 10th May, 2013 within seven years of marriage and thereby the three accused committed the offence of dowry death punishable under Section 304-B IPC read with Section 34 IPC.