KAMLA DEVI AND ANR. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANTS were convicted and sentenced for the offences punishable under Sections 498A and 306 of the Indian Penal Code by the learned trial Court in Sessions Case No. 5 -K/VII of 2001, decided on 21st May, 2003 whereby each of them ordered to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/ -each under Section 498A of the Indian Penal Code and also to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/ - each for the offence under Section 306 of the Indian Penal Code with default clauses. Both the sentences were ordered to run concurrently. Whereas co -accused Ravi Dass (maternal uncle) was acquitted.

(2.) THUS the convict -Appellants Kamla Devi mother -in -law and Rajinder Kumar husband of deceased both have challenged their conviction and sentence by way of present appeal.

(3.) ON 11th December, 1999, PW -1 Kuldeep Kumar received a telephonic message that his sister Suman Lata was serious. He alongwith his parents, PW -2 Santosh Kumari and PW -3 Shadi Lal went to village Rajiana, i.e., the house of the Appellants. They came to know that the Appellants had been quarrelling with her throughout the night, ultimately she took aluminum phosphide an insecticide to end her life. She became unconscious. The deceased was taken to Kangra hospital, where she was attended upon by PW -10 Kailash Nath. He informed the police telephonically.