SUNIL GARG Vs. STATE OF U P

JUDGEMENT

(1.) THIS Jail appeal arises out of the judgment and order of conviction and sentence dated 10 -11 -2000 passed by Additional Sessions Judge, Agra whereby the appellant was found guilty and convicted for the offence punishable under Sections 304 -B and 498 -A I.P.C. The trial Court has awarded sentence of ten years rigorous imprisonment for the offence punishable under Section 304 -B I.P.C. and two years rigorous imprisonment for the offence punishable under Section 498 -A I.P.C. to the appellant accused.

(2.) THE factual background leading to the trial of the aforesaid accused is that the appellant was married to the deceased Smt. Sushma about four years before the date of incident (6 -8 -1993). Soon after the marriage, the appellant Sunil Garg started demanding a sum of Rs. 20,000/ - from the deceased and used to pressurize her to collect this sum from her parents and the complainant brother - P.W. 1 Rameshwar Prasad. The deceased had reported this matter to her mother P.W. 2 - Smt. Premwati and the brother P.W. 1 Rameshwar Prasad. On occasions, the brother P.W. 1 gave certain amount of money to his sister, which of course could not quench the thirst of the accused. P.W. 2 Smt. Premwati also gave certain amount to his daughter but that too did not satisfy the accused. He continued torturing the deceased for the demanded money and on the date of incident i.e. 6 -8 -1993 P.W. 3 Malkhan Singh was approached by the accused Sunil Garg who told him that his wife was quarreling with him and he should help him (accused) by calling his brother from Noori Darwaja locality. On this request of the accused, P.W. 3 sent his wife to pacify the deceased, who immediately came back and told him that Smt. Sushma was under the flames. On her alarm several helpers came from neighbourhood and they tried to save the deceased. Meanwhile, P.W. 3 rushed to the brother of deceased Rameshwar Prasad (P.W. 1) and reported about the incident. After an hour when P.W. 1 and 3 arrived at the scene, they found that Smt. Sushma had died and the police had arrived on the spot.

(3.) THE Investigating Officer (P.W. 8) conducted the entire investigation, visited the spot, recorded the statements of the witnesses and after its completion, submitted the charge -sheet against the appellant accused. The Investigating Officer, P.W. 8 had concluded after whole investigation that Smt. Sushma had committed suicide on account of torture meted out to her at the hands of her accused husband Sunil Garg.