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2008 Supreme(SC) 1233

ALTAMAS KABIR, G.S.SINGHVI
Dinesh Seth – Appellant
Versus
State of N. C. T. of Delhi – Respondent


JUDGMENT

G.S. Singhvi, J.

1. This appeal is directed against the judgment of Delhi High Court whereby the appellant was acquitted of the charge under Section 304B Indian Penal Code (for short `IPC) but was convicted under Section 498A IPC and sentenced to three years rigorous imprisonment.

2. The facts

(i) The appellant was married to Rama on 2.12.1984. She died on 22.11.1986. On receipt of an anonymous call/information that son of Kuldeep Seth (the appellant herein) has murdered his wife in his house situated at Gali No.8, Multani Dhanda, Paharganj. Shri C.L. Jatav, Sub-Inspector of Police visited the spot and found the dead body of Rama in a room on the second floor of the house. He also found one piece of printed cloth (chunni) near the dead body and another piece which was tied with the ceiling fan. Shri Naresh Tandon, brother-in-law of the deceased who was present at the site told Shri Jatav that the deceased had been subjected to harassment and torture by her husband and in-laws. The Sub-Divisional Magistrate recorded the statement of Smt. Raj Rani Mehra (mother of the deceased), who had also reached the house of the appellant and on that basis a case was registered under Sect























































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