Document Fragment View

Matching Fragments

3. Based on the aforesaid complaint by PW.1, the jurisdictional Police registered Crime No.11/2012 for the offences punishable under Sections 498A and 304B r/w Section 34 of the Indian Penal Code. The Investigating Officer - PW.18 - Deputy Superintendent of Police after investigation filed the charge sheet against Accused Nos.1 to 3. After committal of the case, the charge has been framed against Accused Nos.1 to 3 for the offences punishable under Sections 498A and 304B r/w Section 34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act. Accused pleaded guilty and claimed to be tried.

9. Accordingly, the Trial Court by the impugned Judgment and order, convicted Accused Nos.1 and 3 for the offences punishable under Sections 498A, 304B r/w Section 34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act and sentenced them to undergo imprisonment for life and to pay fine of Rs.2,00,000/- each and in case of default of payment fine to undergo further imprisonment for six months and acquitted Accused No.2 for the said offences conferring benefit of doubt.

to even conjecture that it was not soon before death, has only to be stated to be stoutly shot down.

50. On proper evaluation of the oral and documentary evidence placed on record, the impugned Judgment and order convicting Accused NO.3 for the offences punishable under Sections 498A and 304B r/w 34 of IPC and Sections 3 and 4 of the D.P. Act and sentencing her to undergo life imprisonment, cannot be sustained and liable to be set aside.

51. The material on record clearly depicts that according to the prosecution as per the evidence of PWs.1,2,5,9, 10 and 17, the Accused No.1 has harassed the deceased for dowry and the deceased died within two years of her marriage. To be specific, the marriage of the deceased and Accused NO.1 was performed on 16.9.2010 and the deceased committed suicide in her parents' house on 22.2.2012 i.e., the death occurred within 7 years of their marriage. Therefore, the provisions of Section 498A and 304B and Sections 3 and 4 of the D.P. Act attract in respect of Accused No.1.

6. The impugned Judgment of the trial Court in so far as convicting appellant No.1 (Accused No.1) for the offences punishable under Sections 498A and 304B r/w Section 34 of IPC and Sections 3 and 4 of the D.P. Act, stands confirmed.
7. The impugned order of sentence passed by the trial Court imposing life imprisonment to the appellant No.1 (Accused No.1) for the offences punishable under the provisions of Sections 498A and 304B r/w 34 of IPC and Sections 3 and 4 of the D.P. Act, is modified and the sentence of imprisonment for life is altered by ordering the appellant No.1 (Accused No.1) to undergo Rigorous Imprisonment for a period of eight years, which shall include the period of sentence already undergone by the appellant No.1 (Accused No.1) as contemplated under the provisions of Section 428 of the Code of Criminal Procedure.