BALRAM & ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals are directed against the judgment and order dated 22.07.2010 passed by Additional Sessions Judge, Court No. 10, Ghaziabad in Sessions Trial No. 1050 of 2008 (State of U.P. v. Narendra and others ) arising out of Case Crime No. 231 of 2007 whereby the accused-appellants Balram and Smt. Beerbala were convicted and sentenced as follows: (a) Seven years' imprisonment under Section 304B Indian Penal Code (hereinafter referred to as 'IPC'), (b) Two years' imprisonment and fine of Rs. 2000/- under Section 498A IPC, and (c) Two years' imprisonment and Fine of Rs. 1000/- under Section 3/4 of Dowry Prohibition Act, 1961 (hereinafter referred to as 'DP Act') and in case of default in payment of fine, additional imprisonment for six months each; whereas accused-appellant Narendra was convicted and sentenced as follows: (a) Ten years' rigorous imprisonment for offence under Section 304B IPC, (b) Two years' rigorous imprisonment and a fine of Rs. 2000/- for offence under Section 498A IPC, and (c) Two years' rigorous imprisonment and a fine of Rs. 1000/- for offence under Section 3/4 DP Act and in case of default in payment of fine, additional imprisonment for six months. All the sentences were directed to run concurrently.

(2.) Brief facts of the case, as discernible from record, are that in the night intervening 07/08.05.2007 at about 01.00 A.M., the accused-appellant Narendra was awoken by weeping of his infant daughter. He saw that his wife Smt. Kamlesh was not there. He then switched on the light of the room, on which he saw his wife hanging from the pipe attached to the ceiling of the room with a noose made of 'chunni' (a kind of scarf typically worn by Indian women). He got scared and immediately opened the noose from her neck and brought her down. He saw that she was dead.

(3.) After about ten hours of the occurrence on 08.05.2007 at about 11.05 A.M., the information of the incident was given by accused-appellant Narendra at Police Station-Muradnagar and the same was taken down in the General Diary at serial no. 13. It was marked as Ex.Ka.3.