JAIPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicant has been arrested in connection with an offence punishable under Sections 304-B and 498-A of the I.P.C.

(2.) The applicant is the husband of the deceased. The marriage had allegedly taken place about two years before the Occurrence. The deceased is said to have committed suicide in a grove near the house of the applicant by burning herself to death on 2-6-1989. The post-mortem report says that the deceased has pregnancy of eight months. The annexure submitted by the applicant regarding the statement of some other witnesses themselves show that the applicant was demanding Rs. 5,000/- as dowry from the father of the deceased. It has been contended that these witnesses are of far off distances and are merely chance witnesses.

(3.) It has been argued by the learned counsel for the applicant that Section 498-A of the Penal Code was incorporated in the Code by Criminal Law Amendment Act 46 of 1983. Since this Act has been repealed by Repealing and Amendment Act No. 19 of 1988, the said Section 498-A is not longer on statute book, therefore, the applicant could not be arrested and prosecuted under the said Section.