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| Husband, mother-in-law, sister-in-law get life imprisonment | | Dowry death case | |
Jammu, Jan 31 (JNF) : Additional Sessions Judge Udhampur MK Sharma today awarded life-imprisonment to Sunny Gupta husband of deceased, Rupali Gupta, sister-in-law of the deceased and Kanta Gupta in dowry death case.
On March 9, 2009, the deceased Rajni Gupta called her mother on phone at about 9.30 AM and informed her that she was being harassed by the accused persons. On this information, PW Sahil Gupta brother of the deceased was asked by his father to visit his sister along with his mother.
Before they reached the house of accused they were told by PW Raj Kumar that Rajni Gupta had died. PWs Sahil Gupta and Janak Gupta reached the house of accused at about 12.45 PM and found Rajni Gupta dead. PW Sahil Gupta reported the matter to the police, on the strength of which report no. 14 dated 09.03.2009 was registered in police station, Udhampur and proceedings u/s 174 CrPC were commenced by PW-22 Mohd Yaqoob ASI.
The enquiry officer went on spot, prepared the site plan, seized the dead body, and took photographs. The dead body was subjected to postmortem and viscera of deceased was taken out and sent to FSL for chemical analysis. The clothes of the deceased were seized. Statements of witnesses' u/s 175 Cr.P.C were recorded. On enquiry it was found that ever since the marriage of deceased with the accused Sunny Gupta, the accused persons used to harass the deceased for want of dowry. On 08.03.2009 a day before the occurrence, the accused beat the deceased in the evening.
On 09.03.2009 also i. e on the day of occurrence the accused allegedly beat the deceased who had even called her mother at about 10.30 AM and informed her about the harassment. This conclusion of the enquiry officer resulted in lodging of FIR No. 51/2009 for the commission of offences u/s 498-A/306 RPC. During further investigation the report regarding viscera of the deceased was obtained from the FSL Jammu and it was found that there was poison in the stomach of the deceased.
The postmortem report was obtained. Offence u/s 302 RPC was substituted. On conclusion of the investigation the police laid this charge sheet against the accused.
Additional Sessions Judge Udhampur MK Sharma after hearing APP Tariq Mujahid Mughal appearing for the state whereas Advocate PK Jandial appearing for the accused persons observed that there is nothing so uncommon about this crime to deem it as exceptional case in which instead of life imprisonment, death sentence could be awarded. Though a young bride has lost life in the instant case but it does not fall in the category of rarest of rear cases where the death sentence is warranted.
The convicts are therefore sentenced to imprisonment for life and fine of Rs. 5,000/- each for the commission of offence u/s 302 RPC and imprisonment for 3 years and fine of Rs. 2000/- each for the commission of offence u/s 201 RPC. The substantive sentences shall run concurrently. In case of default in payment of fine the convicts shall undergo further simple imprisonment of two months each. |
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