MUKESH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been preferred under Section 374 Cr.P.C. against the judgment and order on sentence convicting the appellant passed by Ld. ASJ (Special Court NDPS Act dated 20.12.97 & 23.10.97 convicting the appellant under Section 498-A/304B IPC and sentenced him to undergo R.I. for 1 year and to pay fine of Rs. 1000.00 however in default of payment of fine further to undergo R.I. for 6 months under Section 498A IPC and further to undergo R.I. for 7 years under Section 304B IPC it is further added that both the sentences shall run concurrently.

(2.) BRIEFLY stating the facts of this case are that late Smt. Baby (hereinafter referred to as the deceased) was married to appellant on14.2.97 according to hindu rites. According to the prosecution it was on 03.05.97, D.D.No. 7-B was handed over to S.I. Sanwar Mal who along with constable Janak Raj reached at M-5, Mangolpuri, Delhi on 03.05.97 where they found the dead body of Smt. Baby W/o Shri Mukesh appellant in the room on the ground floor. S.D.M. Saraswati Vihar then ordered the preservation of dead body in mortuary. One saree was lying near the dead body. Since it was an un-natural death the SDM conducted inquest proceedings and also recorded statement of the father of the deceased as well as her mother who deposed that on the basis of the statement made by the parents of the deceased SDM directed registration of an FIR under Section 498A/304B IPC which was recorded vide FIR No. 432/07 at PS Mangolpuri against four accused persons namely Hazari Lal, Kesar Devi, Sunil Kumar & Mukesh Kumar. After completing the investigation case was sent for trial, against all of these.

(3.) THE short point which has been urged by the appellant assailing his conviction & order of sentence in this case is that the third ingredient to fasten the liability on the appellant under Section 304B IPC was not made out as the evidence led by the prosecution does not establish that the appellant treated the deceased with cruelty for the purpose of harassing her for dowry demand soon before her death. Even though there is no dispute that the death of the deceased has taken place within 7 years of the marriage and is not a natural death as it is a case of suicide.