SANJAY Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Additional Sessions Judge, Delhi convicting the appellants for offences punishable under Sections 498A IPC, 304B IPC and 201 IPC in Sessions case No. 8/1993 FIR No. 481/1992, Police Station Ambedkar Nagar, New Delhi and the consequent order on sentence.

(2.) BRIEFLY stated, case of the prosecution is that Smt. Kavita (since deceased), daughter of Hazari Lal PW-1 and Smt. Chand Kaur PW-3 was married to the appellant Sanjay in the year 1992. However, there is some confusion about the date of marriage. As per Jai Bhagwan, the brother of the deceased, marriage took place on 5.4.1992, whereas according to the mother it took place on 4.5.1992. Appellant Balbir Singh is the father-in-law of the deceased Kavita. It is stated that in the night intervening 22nd/23rd September, 1992 Kavita was taken to Batra Hospital, Tuglakabad Institutional Area, Mehrauli- Badarpur Road, New Delhi. She is stated to have been examined by Dr. S.K. Nigam on 23rd September 1992 at 12.30 a.m. and was declared 'brought dead'. In the history sheet Ex.PW-7/A and Ex.PW-7/B Dr. Nigam recorded thus :-

(3.) APPELLANT Sanjay and one Jai Bhagwan informed PW-4, the brother of deceased Kavita who claimed that he was informed by appellant Sanjay and Jai Bhagwan that his sister was admitted at Batra Hospital and she wanted to meet him and such information was given to him at 2.00 a.m. He reached the hospital at 3.30 a.m. where he was informed that Kavita was brought dead and her dead body was not in the hospital. PW-4 Jai Bhagwan then went to the house of the appellant. There the dead body was kept on ice. PW-4 Jai Bhagwan also claimed that appellant Sanjay told him that the accident had taken place at 9.30 p.m. and he was not permitted to see the face of his dead sister. Though he insisted that the appellants should wait for cremation till other relations arrived, but the appellants insisted that the dead body was not in good condition, hence early cremation was required.