DAYA RAM Vs. STATE

JUDGEMENT

(1.) The appellants have been held guilty and convicted and sentenced in case arising out of first information report (FIR) No.168/2012 of Police Station Kotla Mubarakpur for offences under Sections 498-A/304-B/34 of Indian Penal Code, 1860 (IPC) by the court of sessions, by judgment dated 17.12.2018 and order on sentence dated 19.12.2018, passed in Sessions case No.2433/16. By these appeals, they have challenged the said judgment and order on sentence.

(2.) Rajni, fourth amongst seven siblings, then aged about 24 years, she being daughter of late Shri Ghansi Ram and Lado Devi (PW-4) was married on 03.12.2011 to appellant Fateh Singh (A1), the latter being the son of appellant Puran Lal (A3) and Raj Kumari (also known as Natho Devi) (A4). After marriage, she started living in matrimonial home, i.e., C-343, Shradhanand Gali, Nanakchand Basti, Kotla Mubarakpur, Delhi where her husband (A1), his parents (A3) and (A4) besides other members of the family including Mohit, younger brother of the husband, would also reside. The parental home of Rajni was house No.D-194, Sakurpur J.J. Colony, Delhi-110034, within the jurisdiction of Police Station Subhash Place where her widowed mother (PW-4) along with other children would live. It may be mentioned here that the parental family included elder brother Jagdish Koli (PW-9) and two sisters viz. Seema (PW-2) and Kamlesh (PW-3) (one unmarried and other divorcee). The family also included Sangeeta (PW-1), wife of elder brother Jagdish Koli (PW-9). One of the married sisters Premo Devi would live elsewhere in house No.E- 360, Prem Nagar, Nangloi, Delhi-110 041, Ram Preet (PW-8) being her husband.

(3.) On 28.05.2012, Rajni was found hanging by the neck in the matrimonial home. There is evidence brought on record by the prosecution, as also by the defence, showing the room where Rajni was found in such state, was closed from within, the door required to be broken open. It appears that upon some intimation telephonically received by the brother (PW-9) he along with his wife (PW-1) had reached the matrimonial home - they found the dead body lying on the ground, their arrival apparently being after Rajni had been brought down from the position of hanging. Eventually, Rajni was shifted to All India Institute of Medical Sciences (AIIMS), the medico-legal certificate (MLC) in her respect having been recorded (vide Ex.PW- 22/B), there and indicating she to have been brought dead to the casualty at 02:28:33 hours on 29.05.2012.