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Criminal Appeal No. 1061 of 2019 (Arising out of SLP (Crl.) No. 193 of 2019)

Decided On: 18.07.2019

Appellants: Wasim Vs. Respondent: State NCT of Delhi

Hon'ble Judges/Coram:
L. Nageswara Rao and Hemant Gupta


L. Nageswara Rao, J.

Leave granted.

1. On receipt of information on 27.10.2015 about a suicide, PW-23 Sub-Inspector Bijender Dahia attached to Police Station Aman Vihar rushed to Nithari village, Delhi. By the time he reached, the body of the deceased i.e. Moniya had already been brought down from hanging position. Ashwani (PW-12), the brother of the deceased was found sitting besides the body of the deceased. The elder brother of the Appellant was also present. A suicide note was seized. PW-23 sent the body of the deceased for postmortem. The statement of Ashwani was recorded by PW-23. Inquest was conducted by the Executive Magistrate on the next day. According to the post-mortem, the cause of death of Moniya was due to asphyxia as a result of ante mortem handing.

2. FIR was registered on the statement of Sunita (PW-11), the mother of the deceased on 04.11.2015. A charge sheet was filed on 05.02.2016. Later, charges were framed against the Appellant Under Section 498A/304B of the Indian Penal Code, 1860 (hereinafter 'IPC'). 23 witnesses were examined by the prosecution and several documents relied upon to prove the guilt of the Appellant. The Trial Court convicted the Appellant Under Section 498A and 306 Indian Penal Code. Sentence of three years' simple imprisonment for the offence Under Section 498A Indian Penal Code and four years simple imprisonment for the offence Under Section 306 Indian Penal Code was imposed on the Appellant. The appeal filed by the Appellant was partly allowed by the High Court. The Appellant was acquitted for the offence Under Section 306 Indian Penal Code. The conviction and sentence Under Section 498A Indian Penal Code was upheld by the High Court. Hence, this appeal.

3. The deceased Moniya who was working as a teacher was married to the Appellant on 02.05.2015. PW-11 Sunita deposed that her daughter Moniya was being harassed by the Appellant by demanding dowry. She testified in the Court that on two occasions she gave Rs. 40,000/- and Rs. 50,000/- to the deceased for handing over the same to the Appellant to meet his demands of dowry. She stated that the same was not informed either to her husband or her son and that she made the payments from her savings. She also spoke about the demand for a bigger car. The Appellant was working in Nagercoil District, Tamil Nadu and he was demanding for air fare to travel to the place of his work. PW-11 further stated that she was informed by the deceased that the Appellant had extra marital relations with one Poonam and he informed the deceased that he intended to marry Poonam after leaving the deceased.

4. The statement of PW-12 Ashwani was recorded on the day of the incident in........