ANOOP KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 17th March 2003 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.86/2001 arising out of FIR No.300/1992 registered at Police Station ("PS") Lahori Gate convicting the Appellant for the offence under Section 302 of the Indian Penal Code ("IPC") and the order on sentence dated 20 th March 2003 sentencing him to imprisonment for life along with a fine of Rs. 5,000/-, and in default of payment to undergo rigorous imprisonment (RI) for 1 year. The Appellant was also convicted for the offence under Section 201 IPC and sentenced to undergo RI for 3 years along with a fine of Rs. 1,000/-, and in default of payment to undergo RI for two months. Both the sentences were directed to run concurrently.

(2.) The charge against the Appellant, Anoop Kumar (Accused No.1-A-1) was that he along with the co-accused, i.e., his mother, Nemwati (A-2) and his jethani (sister in law), Madhu Devi (A-3) in furtherance of their common intention subjected his wife Lalita Devi (the deceased) to cruelty and also made illegal demands of dowry thereby committing the offence punishable under Section 498A read with Section 34 IPC; secondly on the intervening night of 18th/ 19th November 1992 at the premises No.1132, Gali Samosan, Prashkhana all of them in furtherance of their common intention committed the murder of the deceased thereby committing an offence punishable under Section 302 read with Section 34 IPC. The third charge under Section 201 IPC for causing evidence to disappear was only against the present Appellant. He was charged with having thrown the nylon rope which was used in the commission of offence near Ajmeri Gate, three wheeler scooter stand.

(3.) An alternative charge for the offence under Section 304B IPC was framed only against the Appellant's mother, Smt. Nemwati (A-2). However, even before the trial could commence, A-2 expired. The trial Court could proceed only against the Appellant and A-