PARVEEN BHATIA Vs. STATE (U T ) CHANDIGARH

JUDGEMENT

(1.) Parveen Bhatia, the appellant has brought this appeal against the judgment dated 12.2.2001 passed by learned Sessions Judge, Chandigarh vide which the appellant has been held guilty and convicted for an offence punishable under sections 498-A, 304-B IPC and also the order on sentence dated 13.2.2001 vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of seven years for the offence under section 304-B IPC. No separate sentence has been awarded to the appellant for the offence punishable under section 498-A IPC by learned trial court in view of the fact that substantive sentence had been awarded for the major offence punishable under section 304-B IPC. The case of the prosecution can be briefly noticed as under:-

(2.) During the investigation, inquest proceedings were conducted and post-mortem examination on the dead body of Nitu was got conducted in which it was found that the cause of death of Nitu was asphyxia due to hanging and that the hanging was ante-mortem and sufficient to cause death in ordinary course of nature. The investigating officer then went to the spot and inspected the same. He got the spot photographed and took the duppata into his possession after giving it the shape of a parcel and sealing it. He also took into possession the bed sheet by preparing a parcel thereof and sealing the same. The investigating officer then prepared a rough site plan of the place of occurrence. Azad Singh Tanwar had then produced photocopy of the marriage certificate of Nitu with Parveen Bhatia which was taken into possession by way of a recovery memo. Statements of the witnesses were recorded. Both the accused were arrested. On completion of other formalities of investigation, challan was prepared and presented in the court.

(3.) Charge was framed against the two accused for the offence punishable under sections 304-B and 498-A IPC on 11.8.1999 to which they pleaded not guilty and claimed trial.