SANJAY SHAH Vs. STATE, DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant by the present appeal has challenged the judgment dated 09.10.2001 and order on sentence dated 10.10.2001 passed in Sessions case No.154/2001, whereby he was held guilty and convicted on the charge for offence punishable under Sections 498-A and 304-B of the Indian Penal Code, 1860 (IPC) and awarded punishment in the form of rigorous imprisonment for two years with fine of Rs.5,000/- on the first count and rigorous imprisonment for ten years with fine of Rs.10,000/- on the second count which were to run concurrently.

(2.) The appellant was married to Aruna on 30.04.1986. Two sons took birth out of the said wedlock. The couple with their two children, father of the appellant and his younger brother concededly were living together in the matrimonial home described as DDA Flat No.TU-53, Vishakha Enclave, Pitam Pura, New Delhi. Early in the morning on 28.07.1993 Aruna suffered burn injuries in the matrimonial home. She was taken by the appellant to nearby Sarvodaya Hospital and information in this regard was conveyed to Police Post Pitam Pura where it was logged as DD No.72 on 28.07.1993 at 5:30 a.m. She was shifted from the said hospital to Lok Nayak Jai Prakash Narayan Hospital where she arrived at 6:00 a.m. on the same morning, she being examined against medico legal certificate (MLC) by Dr. S. Madan (PW-7) in the casualty, the injuries suffered having been opined to be 95%. Sometime during the night of 28-29.07.1993, Aruna succumbed to the burn injuries and input in this regard was conveyed to the Police Post Pitam Pura vide DD No.57 recorded at 01:30 hours of 29.07.1993.

(3.) On the basis of statement of Om Prakash (PW-3), father of Aruna (deceased), the First Information Report (FIR) No.201/1993 was registered in Police Station Shalimar Bagh for offences punishable under Section 498-A/304-B IPC. The investigation was concluded and final report of investigation (charge sheet) dated 24.08.1993 was submitted under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking the trial of the appellant. The Metropolitan Magistrate having taken cognizance on the aforementioned charge sheet and having issued the process, the presence of the appellant was secured, he having been arrested in the case of 29.07.1993 and being in judicial custody at that point of time. After due compliance with the procedure in law, the case was committed to the court of Sessions.