- (1.) The appellant has assailed the judgment passed by the Additional Sessions Judge, Faridabad dated 15.09.2003, vide which he was convicted for commission of offence under Section 498-A IPC and was sentenced to undergo rigorous imprisonment for a period of three years along with fine of Rs.2000/-. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of six months. Sangeeta was married to the appellant in 1989. They had two children. On 20.09.1999 Sat Narain, father of Sangeeta received a call that she was in a critical condition and had been admitted in Escorts Medical Centre, Faridbad. The complainant accused the husband and his family members of administering poison and lodged the complaint Ex.PH with the police. The complainant had alleged that adequate dowry was given at the time of marriage and the accused were greedy and always pressurized her to bring more dowry and harassed her. The complainant had alleged that 18 months after the marriage, her articles were thrown out from the roof as they wanted her to leave the house. Appellant Sunil, husband of Sangeeta used to run a grocery shop. The complainant alleged that he used to indulge in gambling and drinking and used to maltreat his wife and did not provide her ration and kept her hungry for days. In his complaint, he had mentioned that about 45 days prior to the incident, he had gone to see his daughter and she had complained of beating and was kept hungry for three days and he purchased ration for Rs.320/- and gave it to her.
(2.) The postmortem examination was carried out. The viscera was sent for examination. FSL report was received and the cause of death was stated to be aluminium phosphate poison. The appellant along with his three brothers, brothers' wives and parents were challaned and were charged under Sections 306, 498-A IPC, to which they pleaded not guilty.
(3.) The star witness for the prosecution were the complainant, his son and son in law, besides the Medical Officers and the Police Officials. The accused denied that the relation between the couple were bad. The husband took the plea that Sangeeta was having illicit relations with Rajesh, a tenant, residing in the adjoining room in the same building and when he came to know about the relationship, he reprimanded her and the parents were called and she felt humiliated and consumed poison and false allegations were made. The remaining accused had pleaded that they were residing separately and they had been falsely implicated. In defence, they had examined the officials from the Food and Supply Department to show their separate residence.;