SUNNY GUPTA AND ORS. Vs. STATE

JUDGEMENT

(1.) APPLICANT -Sunny Gupta alongwith his sister Rupali Gupta and mother -Kanta Gupta faced trial before learned 1st Additional Sessions Judge, Udhampur for charge under Sections 498 -A, 302, 201, 34 RPC. They were convicted on 31.01.2013 for commission of offence under Sections 302/201/34 RPC but acquitted of charge under Section 498 -A RPC. Life imprisonment has been awarded to convicts for offence of murder. Besides imprisonment of three years has been imposed for offence under Section 201 RPC. Fine has been awarded in addition to the substantive sentences. All the three accused have preferred appeal against their conviction and sentence. Appellants Rupali Gupta and Kanta Gupta, who were on bail during trial, have been enlarged on bail after their sentence was suspended. Application of applicant/appellant - Sunny Gupta was, however, not considered earlier and had been deferred for consideration. Reiterating the grounds urged in Cr. MA No. 11/2013, it is contended on behalf of applicant/appellant that the deceased had committed suicide and her death was not because of any human intervention. It is pointed out that initially Police initiated proceedings under Section 174 Cr.P.C. for ascertaining the cause of death of the deceased and subsequently registered case for offence under Section 306/498 -A RPC. It was at a later stage that offence under Section 306 RPC was altered to offence under Section 302 RPC and apart from Section 498 -A RPC, offence under Sections 201 and 34 were added. The investigation culminated in filing of charge sheet against all the three accused for commission of offence under Sections 302, 498 -A, 201 and 34 RPC. However, the charge under Section 498 -A RPC was not established against the accused resulting in their acquittal of such offence. It is further contended that the allegations relating to alleged cruelty, demand of dowry, not informing the parental people of the death of deceased, giving a wrong and misleading information with respect to cause of death of the deceased, not having informed Police in time and efforts to cremate the deceased in a hurry attributed to the accused were not established at the trial and witnesses to prove such allegations being the parents and siblings of deceased have not supported the prosecution version to prove such allegations. It is contended that the learned trial Court has mis -appreciated the evidence brought on record by prosecution which has resulted in total miscarriage of justice. It is contended that the parents of the deceased have completely knocked out the bottom of the prosecution story and proved the innocence of accused.

(2.) IT is contended that the applicant is in custody since 2009 and he has been convicted despite there being no legal evidence to connect the accused with the alleged crime of murder of deceased, who had committed sell murder.

(3.) HEARD the rival sides and perused the record.