JUDGMENT

Dalveer Bhandari, J. —

1. Leave granted.

2. This appeal arises out of the judgment and order of the High Court of Delhi passed in Criminal Appeal No.63 of 1997 dated 12.11.2009.

3. The brief facts giving rise to this appeal are as under:

The appellant Sanjay Kumar Jain was married to Smt. Anju Jain (since deceased) on 20th February, 1990. After marriage, only both of them started residing at house No.2803, Gali No.6, Chander Puri, Kailash Nagar, Delhi. It is the case of the prosecution that the deceased was harassed for insufficient dowry and the harassment continued till her death. Admittedly, Smt. Anju Jain died within one year and two months of marriage on 10.4.1991.

4. A call was received from one Nanak Chand, P.W.1 on 10.4.1991 at 8.50 p.m. at the police control room about the murder of the deceased and accordingly DD Entry No.11A was recorded. On reaching the spot, the police found Sub- Inspector Budh Sain along with police staff was already present there. A bunch of keys was provided by neighbour Sadhna PW8 and one of the keys fitted the lock and after opening the door, they climbed to the first floor where the appellant and the deceased resided. The dead body of th