SHYAM SUNDER Vs. STATE

JUDGEMENT

(1.) IN this appeal, appellant is the husband of Rajni who had died unnatural death by burning in her matrimonial house, within about four years of her marriage and the appellant has been convicted by the trial court for subjecting Rajni (since deceased) to cruelty and of causing her dowry death. Trial court vide impugned order of 30th April, 1999 had sentenced the appellant to RI for seven years and to pay a fine of rupees one thousand for the offence under Section 304-B of the Indian Penal Code and he has been sentenced to a period of two years and to a fine of Rs. 500/- for the offence under Section 498-A of the Indian Penal Code. However, aforesaid sentences have been ordered by the trial court to run concurrently.

(2.) THE facts of this case, in brief, are as follows:-

(3.) APPELLANT/accused was put to trial for commission of aforesaid offences, as he had pleaded not guilty. During the trial, thirteen witnesses have deposed and out of them, the material evidence is of Smt Sudesh (PW-1), mother of the deceased, Ravinder Kumar (PW-2), brother of the deceased, Shri P. C. Chaturvedi (PW-5), SDM, who had conducted the inquest proceedings and that of Dr. S. K. Khanna (PW-4) who has opined the cause of death of Rajni as due to shock consequent upon ante-mortem burns. Swatantra Bhushan (PW-3) is the neighbour of appellant/accused who has not supported the prosecution case. SI Kamal Singh (PW-13) is the investigating Officer of this case.