- (1.)The present appeal is preferred against the judgment and order dated 18.08.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 1188-SB of 2000 wherein the High Court has affirmed the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Faridabad in Sessions Case No. 74 of 2000/1998, wherein the learned trial Judge has found the Appellant guilty Under Section 304-B of the Indian Penal Code ('IPC' for short) and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000/- with a default clause. Be it stated that the Appellant was tried along with his parents for offences Under Section 304-B/34 IPC but for paucity of evidence, the High Court recorded an acquittal in favour of the parents. The prosecution case, sans unnecessary details, is that Rashmina, wife of the Appellant, breathed her last on 09.09.1998. A week prior to the aforesaid date, she was residing in her parental home, but thereafter, with the intervention of the well-wishers and people of the locality, she came back to the house of her husband, where the death took place on the aforesaid date. On an F.I.R. being lodged, criminal law was set in motion and the investigating agency, after collecting the material, laid the charge-sheet before the competent court, which in turn committed the matter to the Court of Session and eventually, it was tried by the learned Additional Sessions Judge, Faridabad.
(2.)To substantiate the case before the learned Trial Judge, the prosecution examined as many as eight witnesses and brought on record certain documents. The Appellant took the plea of false implication and also the factum that he could not be implicated Under Section 304-B IPC inasmuch as the marriage had taken place on 5.6.1991 and the death had not occurred within a span of seven years. Certain documents were brought on record to substantiate the said stand. The learned trial Judge, appreciating the evidence on record, came to hold that the prosecution had been able to prove the case and accordingly recorded conviction Under Section 304-B/34 IPC.
(3.)On appeal being preferred, the High Court came to hold that the evidence, as far as the parents of the Appellant are concerned, was absolutely sketchy and on the basis of the said evidence, the conviction could not be sustained and resultantly acquitted them. However, the High Court found that there was ample evidence against the accused-Appellant to sustain the conviction Under Section 304-B IPC.