GURDAYAL KOHLI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 23.05.2006 and 27.05.2006 respectively wherein the appellant Gurdayal Kohli stood convicted for the offence under Sections 304-B/498-A of the Indian Penal Code, 1860 (IPC). For the offence under Section 304-B of the IPC, he had been sentenced to undergo RI for a period of 10 years; for the offence under Section 498-A of the IPC he had been sentenced to undergo RI for a period of three years and to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo SI for a period of one month. The other two co-accused i.e. the brother and mother of the appellant stood acquitted.

(2.) The nominal roll of the appellant reflects that as on the date when he had been granted bail, he has suffered incarceration of about 2 years including remission.

(3.) Record shows that the victim i.e. the deceased Kamlesh had been married to the appellant on 10.12.1993. The unfortunate incident had occurred on 07.08.1999. At that time, the parties had a 1- 1/2 year old female child born out of their wedlock. The victim had been admitted in the hospital with 60% burns; this was at 10:10 pm in the night of 07.08.1999. She had succumbed to her injuries in the morning at 05:10 am on 08.08.1999. Her cause of death was burns shock consequent to burn injuries which post mortem report was proved by Dr.Yogender Bansal (PW-7) as Ex.PW-7/A. Since the incident had occurred within less than 7 years of marriage, inquest proceedings were ordered. The SDM G. Sudhakar (PW-1) had recorded the statements of the relations of the victim which includes her mother Shanti Devi (PW-2), her father Mohan Lal (PW-3) and her brother Dalip Kumar (PW-4). It was on the statement of PW-2 that the present FIR was registered.