DHANESH Vs. STATE

JUDGEMENT

(1.) While Crl. A. 451/2018 has been filed by the appellant-complainant Kailash Chand, father of the deceased Neeta @ Vineeta challenging the judgment dated 18th January, 2017 acquitting all the three accused including Ajit Singh under Sections 498A/304B/34 IPC; Crl. A. 492/2017 and Crl. A. 628/2017 have been filed by the appellants-convicts Dhanesh, W/o. Ajit Singh and Vikrant, S/o. Ajit Singh against the same judgment convicting them under Sections 302/34 IPC as also appellant-convict Vikrant additionally under Section 316 IPC read with Section 27 of Arms Act as well as the order on sentence dated 8th February, 2017.

(2.) The case of the prosecution is that Mr. Amrish Kumar (PW-3) had called the police control room on 5th February, 2013 and lodged a complaint regarding a quarrel between a husband and wife at 13/2, Kalyanpuri, Delhi. Mr. Amrish Kumar (PW-3) stated in his Section 161 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr. P.C.") statement that the appellant-convict Dhanesh had come down the stairs screaming and crying followed by her son appellant-convict Vikrant who asked to be taken to the police station as 'he had done whatever he wanted to do' (English translation). Subsequently, Mr. Amrish Kumar (PW-3) went upstairs with the police and found that appellant-convict Vikrant's wife Neeta @ Vineeta was lying dead and a knife was lying outside the room. The deceased Neeta @ Vineeta, who was nine months pregnant, was found to have been stabbed multiple times with a knife and at the time of the murder, she was pregnant with twins. According to the police, the appellant-convict Vikrant had informed them that the deceased was continuously nagging / taunting him for being unemployed. On 8th May, 2013, the family members of the deceased victim made allegations of demand for dowry and torture against the appellants-convicts Dhanesh and Vikrant as well as Ajit Singh. Charges were framed against all the three accused persons under Sections 498A/304B/120B and 34 IPC. The appellant-convict Vikrant and Ajit Singh were also charged under Sections 302/34 IPC and appellant-convict Vikrant was additionally charged with Section 316 IPC and Section 27 of the Arms Act.

(3.) The trial Court acquitted all the three accused under Sections 498A/304B/34 IPC, but convicted Vikrant and Dhanesh under Sections 302/34 IPC and additionally Vikrant under Section 316 IPC read with Section 27 of Arms Act. The relevant portion of the trial court judgment dated 18th January, 2017 is reproduced hereinbelow:-