SANDEEP Vs. STATE

JUDGEMENT

(1.) While Crl.A.606/2018 has been filed by appellant-convict Sandeep @ Sunny @ Rohit (husband of the deceased) and appellant-convict Deepak (brother-in-law of the deceased) challenging the judgment dated 31st January, 2018 passed by the Additional Sessions Judge-04, North-West District, Rohini Courts, Delhi in Case No.52035/2016 arising out of FIR No.6/2011 registered with Police Station Aman Vihar convicting them under Sections 304B/34 IPC and sentencing them to rigorous imprisonment for ten years with fine of Rs. 15,000/- , as well as under Sections 498A/34 IPC for which they were sentenced to rigorous imprisonment for three years with fine of Rs. 5,000/-; Crl. L.P. 260/2018 has been filed by the State, against the same judgment challenging the acquittal of the appellant-convicts under Section 302 IPC.

(2.) The case of the prosecution in brief is that appellant-convict Sandeep had married Anju (deceased) on 13th December 2010 and that on 10th January 2011 i.e. within a month of her marriage, she was found dead at her matrimonial home. The FIR bearing No. 6/2011 under Sections 302, 304B and 34 of the IPC was registered with Police Station Aman Vihar. After the investigation, the appellant-convicts were arrested on 5th April, 2013 and a charge sheet under Sections 302, 304B, 498A and 34 of the IPC was filed against them.

(3.) The Trial Court convicted the appellant-convicts under Section 304B IPC relying upon Sections 106 and 113B Indian Evidence Act, 1872. However, Trial Court acquitted the appellant-convicts under Section 302 IPC on account of absence of direct evidence. The relevant portion of the trial court judgment is reproduced hereinbelow:- "68. Coming now to the applicability of the section 106 of the Indian Evidence Act, 1872, I may state that the burden in the aforesaid facts and circumstances of the case squarely shifts upon the accused persons to explain why the deceased died in the matrimonial house particularly when DW 5 sister of the deceased had deposed in defence evidence that on 10.01.2011 she along with her mother and sister remained in the house throughout the day and no outsider had entered in the house on that day. Then it was the duty of the accused person to explain why the deceased died unnatural death......