RAKESH ETC Vs. STATE

JUDGEMENT

(1.) The present appeal arises out of the judgment on the conviction dated 24.03.2004 and the order on the sentence dated 27.03.2004 in Sessions Case Nos. 03/2003 and 68/2003 in FIR No.604/2002 under Sections 498A/304B, P.S. Uttam Nagar registered at the instance of the complainant, Bhure Ram, father of the deceased, Anju.

(2.) Appellant No.1 Rakesh, is the husband of the deceased, appellant No.2 Ram Lakhan, is the father-in-law of the deceased, appellant No.3 Raj Kumar, is the brother-in-law (jeth) of the deceased, appellant No.4 Somwati (wife of appellant No.3) is the jethani of the deceased and the appellant No.5, Somwati (wife of appellant No.2), is the mother-in-law of the deceased. All the appellants have been convicted for the offences punishable under Sections 498A/304B IPC and have been sentenced to undergo imprisonment for life under Section 304B. They have been further sentenced to undergo RI for 2 years under Section 498A and to pay a fine of Rs.1,000/- each, and in default, they have been directed to further undergo RI for 6 months each. All the appellants have jointly filed the present appeal.

(3.) As per the prosecution case, all the appellants were living jointly at H.No.104/6, Defence Enclave, Mangal Bazar, Uttam Nagar, New Delhi. The deceased, Anju was also living with her family comprising of her father, mother and brother in Delhi. As per the wish of both the families, Anju was married to Rakesh on 27.12.1999 at Shanti Kunj Ashram, Haridwar and after the 'Gona Ceremony" was performed on 24.01.2000, she went to her above matrimonial home. It is the stand of the prosecution that Anju had expired on 19.08.2002 at her matrimonial home due to consumption of 'Aluminum Phosphide'.