BHUPENDER SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23rd December, 2016 passed by the learned Additional Sessions Judge-III, North District, Rohini Courts in Sessions Case No. 58267/2016 arising out of FIR No. 270/2005 registered at Police Station ("PS") Narela convicting the Appellant for the offence under Section 302 IPC and the order on sentence dated 26th December, 2016 whereby he was sentenced to imprisonment for life with a fine of Rs.50, 000/-, and in default of payment to undergo simple imprisonment for six months for the said offence.

(2.) At the outset it requires to be noticed that the charge framed against the Appellant and six other co-accused was that in furtherance of their common intention they had subjected the deceased Smt. Shashi, wife of the Appellant, to cruelty thereby committing an offence punishable under Section 498A read with Section 34 IPC; that having subjected her to cruelty in connection with demand of dowry within seven years of marriage they had caused her death otherwise than under normal circumstances and hence committed an offence under Section 304 B read with Section 34 IPC; that they had converted the dowry articles of the deceased for their own use and thereby committed an offence punishable under Section 408 IPC read with Section 34 IPC; that they had disturbed the scene of crime to give an impression of suicidal death and thereby committed an offence under Section 201 read with 34 IPC and lastly in the alternative in furtherance of their common intention had committed the murder of the deceased and thereby committed an offence punishable under Section 302 read with 34 IPC.

(3.) In the impugned judgment, the trial Court has concluded that the evidence led by the prosecution did not prove the offences under Sections 498-A IPC, Section 304 B IPC, Section 408/34 IPC and Section 201 read with Section 34 IPC. However, the trial Court has accepted the alternative charge against the Appellant alone and convicted him for the offence punishable under Section 302 IPC.