AJAY KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Challenge in the present appeal is to the conviction of the appellant -husband for the offence of 'dowry death'. Vide Judgment and order on sentence of 12th April, 1999 and 19th April, 1999, respectively, appellant - Ajay Kumar has been convicted and sentenced to RI for two years and fine of Rupees two thousand under Sec. 498 -A of the IPC and in default thereof, RI for six months and to a further sentence of RI for ten years with fine of Rupees fifty thousand under Sec. 304 -B of the IPC, and in default thereof, to RI for three years by the court of Sessions. Out of the fine, if realised, sum of Rs. 50,000/ - has been given to heirs of deceased by the trial court.

(2.) The case of the prosecution is that appellant -Ajay Kumar was married to Anju on 11th November, 1997. He subjected her to cruelty with a view to coerce her for bringing money from her parents and harassed her and that on 1st March, 1998, Anju committed suicide by hanging herself in her parental house.

(3.) Prosecution version as unfolded by Inder Sain Jain PW -1 is that a sum of Rupees one lac fifty thousand was spent on the wedding of his daughter - Anju, who after about eight days of her marriage with Ajay Kumar, came to her parental house and complained of being harassed and beaten by her husband (appellant) after consuming liquor, on the pretext that the said marriage was against his wishes and he wanted to marry some other girl named - Kajal, whom he loved and was working in telephone exchange and also of being threatened by him that either he would desert her or would kill her. On the advice of mediator -Preety, Anju went back to her matrimonial house where she was again beaten by Ajay Kumar who demanded Rupees one lac for running a lottery counter. Inder Sain Jain (PW -1) gave a sum of Rupees fifty thousand to Ajay Kumar to fulfil this demand. On 27th February, 1998, Anju came back to her parental house at about 10:00 a.m. and complained of being beaten by her in -laws as they wanted Ajay to marry some other girl. While her mother -in -law had demanded a gold chain for herself and a saree worth Rupees twelve hundred, whereas her father -in -law had demanded a colour TV and fridge. She also stated that she apprehended danger and threat to her life while being in her matrimonial house, so she had escaped from her matrimonial house on the pretext of going for natures call. It is further asserted that on 1st March, 1998, while being in her parental house, Anju hanged herself and committed suicide on account of ill treatment by her in -laws and her husband. Legal action was taken on his statement (EX. PW1/A), which was recorded by the SDM concerned.