SANJAY Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) THE present appeal is by Sanjay, Accused No. 1, the husband of the deceased Rekha, against the judgment dated 21st April 2010 passed by the learned Additional Sessions Judge ('ASJ') in SC No. 129 of 2009 convicting him for the offences under Section 304B IPC and Section 498A IPC and the order on sentence dated 26th April 2010 whereby he was sentenced to undergo rigorous imprisonment ('RI') for 10 years for the offence under Section 304B IPC and simple imprisonment ("SI") for 1 year along -with fine of Rs.3,000 and in default to undergo SI for 3 months for the offence under Section 498A IPC.

(2.) IT must be noted at the outset that as per the nominal roll dated 9th October 2014, the Appellant has already served 4 years 7 months and 11 days in imprisonment and also earned remission of 1 year 4 months and 3 days.

(3.) PW -6 stated that at the time of marriage, he had given dowry worth Rs.1.5 lakhs. Rekha told them that she was doing all the household work from morning till night. She requested PW -6 to take her back to the parental house since all the accused persons taunted her. PW -6 further stated that Rekha"s father -in -law (the father of the Appellant) (who was Accused No. 3) had told PW -6 that they should be given one last chance to show their bona fides and nothing as apprehended by Rekha would happen. On the said assurance, PW -6 permitted Rekha to continue staying in the matrimonial house. After about 1 1/2 months i.e. on 3rd July 2005, A -3 gave PW -6 a telephone call stating that the Appellant and Rekha were fighting with each other. PW -6 was called to the matrimonial house. According to PW -6, the call was received at around 11.30 am. PW -6 was apparently not present at that time and reached home at around 4.30 pm when his grand -daughter Seema informed him about the said telephone call. PW -6 then asked his son Rajesh (PW -9) to call A -3 to tell him that since it was a dispute between husband and wife it was not appropriate for them to visit their house every time. PW -9 then called up A -3 and asked A -3 to make the Appellant and Rekha understand.