SACHIN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Instant Criminal Appeals arise from the Judgment dated 27.05.2017 and Order on Sentence dated 02.06.2017 in SC No. 2216/2016, arising from FIR No. 134/2011, PS Jaitpur, New Delhi, whereby the Appellant/Accused Sachin, Appellant/Accused Sunil and Appellant/Accused Prabha were convicted under Section 302, 120B and 201 IPC; and were sentenced to undergo imprisonment for life and fine of Rs. 3,000/- each for the offence punishable under Section 302 IPC, imprisonment for life and fine of Rs. 1,000/- each for the offence punishable under Section 120B IPC, and imprisonment for 2 years and fine of Rs. 1,000/- each for the offence punishable under Section 201 IPC; and all the sentences were directed to run concurrently.

(2.) Brief facts stated are that, deceased Rakesh got married to Accused Prabha on 11.12.2008, as per Hindu rites and customs at Delhi. The Deceased and Accused Prabha lived together for 6-7 months as husband and wife in same home, later, some differences arose between them, consequently, Accused Prabha left matrimonial home and started staying with her parents in paternal home in House No. B-401, Gali No. 9, Meethapur, Om Nagar, Delhi. Deceased was having visiting terms at his in law's house and oftenly used to meet Accused Prabha at Meethapur house, deceased shared this information with his father Khadak Prasad.

(3.) On 04.05.2011 at about 3 PM father of Accused Prabha calls father of deceased and tells him that his son had gone to Rajasthan to attend marriage of a friend and he (father of Accused Prabha) himself alongwith his wife is going to Jhansi to attend a marriage leaving behind his niece Mamta and his daughter Prabha in Meethapur house. He asked if deceased Rakesh would accompany the girls at Meethapur house. This information was given by Khadak Prasad to his son Rakesh (deceased), to which Rakesh agreed and went to Meethapur house on the same day. Deceased Rakesh on 05.05.2011 at about 9 AM came back to his own house. On same day at about 5 PM, brother of deceased, Balram, intimated to, Accused Prabha that deceased would not be joining them at Meethapur house on that night. Next day on 06.05.2011, Accused Prabha made a call to his Father in law Khadak Prasad for sending Rakesh to accompany them at Meethapur house as they feel frightened at night due to absence of male member in the house. Khadak Prasad asked his son Rakesh for the same and deceased went to the Meethapur house by his motorcycle (Honda Stunner) bearing registration number DL 6S AD 1670. He reached to house of Prabha on 06.05.2011 at about 8:30 PM and he informed the same to his younger brother Balram at about 9 PM.