JUDGMENT

Sunita Gupta, J.—Appellant Momin Iqbal impugns the judgment dated 19th September, 2012 and order on sentence dated 20th September, 2012 vide which he was convicted under Section 498A/304B IPC and was sentenced to undergo simple imprisonment for 3 years under Section 498A IPC and fine to the tune of Rs.3 lacs in default to undergo SI for 9 months and for offence under Section 304B IPC he was sentenced to undergo simple imprisonment for 7 years. The fine of Rs.3 lacs was awarded as compensation to the complainant. Both the substantive sentences were to run concurrently. Benefit of Section 428 Cr.P.C. was given to the convict.

2. The prosecution case succinctly stated is as follows:-

Shabnam (deceased) got married to the appellant Momin Iqbal on 14th February, 2001. Out of the said wedlock, two children were born. After the marriage, Shabnam started living in her matrimonial home in Sector 18, Rohini, Delhi along with her husband, father-in-law Mohd. Iqbal and mother-in-law Akbari.

Sajida and Rashid Ali were the sister and husband of sister of Momin Iqbal who used to reside in a house situated at a distance of about 200 yards from the matrimonial home of Shabnam. It is the case of prosecution that a sum of Rs.2 lacs was demanded by Momin Iqbal for starting business of shoes in a showroom on the main road which demand was fulfilled. Thereafter further demand of Rs.2 lacs was made for expanding the business which, however, could not be fulfilled. On 1st August, 2003, Shabnam was taken to Dr. Ambedkar Hospital with alleged history of consumption of unknown poison. The information was given by the duty constable Ravinder posted at the hospital to SI Sukhbir Singh (PW1) who was posted as duty officer at Police Station SP Badli who recorded DD No.16A at 5:55 p.m. Ex.PW1/A. This DD was entrusted to SI Ravinder who went to the hospital, collected MLC of Shabnam. Thereafter he recorded the statement of Shabnam Ex.PW20/A wherein she did not impute any allegation on anybody rather alleged that due to mental tension, she consumed tablet of sulphas. At 8:35 pm, information was given that Shabnam had died. As such, ADM Sh.S.R. Kataria was called to the hospital who recorded statement of Mohd. Umar, father of deceased and directed for registration of the case. Accordingly, FIR No.359/03 was recorded by HC Ram Rattan Singh. Inquest proceedings Ex.PW11/A were carried out by Sh. S.R. Kataria. Post-mortem was conducted by Dr. Anil and the report- Ex.PW1/A was proved by PW7-Dr. K. Goel. The cause of death was opined to be due to asphyxia and cardio genic shock as a result of phosphide poisoning. During the course of investigation, accused Momin Iqbal, Akbari, Rashid Ali and Sajida were arrested and charge sheet was submitted against them for offence under Section 498A/302/304B/34 IPC.

3. All the accused were charged for the offence for which they were charge sheeted to which they pleaded not guilty and claimed trial.

4. The prosecution adduced its evidence by examining as many as 26 witnesses. The accused denied the case of prosecution and alleged false implication in this case. Three witnesses were examined on their behalf. Vide impugned judgment, the learned Trial Court acquitted accused Akbari, Rashid Ali and Sajida Begum on the ground that prosecution has failed to bring home their guilt beyond reasonable doubt. Momin Iqbal was also acquitted of the charge under Section 302 IPC, however, he was convicted under Section 498A/304B IPC and sentenced as mentioned hereinabove.

5. Feeling dissatisfied, present appeal has been preferred by the appellant.

6. Ms. Richa Kapoor, learned counsel for the appellant assailing the findings of the learned Trial Court referred to the dying declarations made by Shabnam when she was taken to hospital. Initially, when she was admitted in hospital, history given to the doctor was ‘consumption of some unknown substance’. Thereafter, her statement was recorded by SI Ravinder Singh in the presence of Dr. Deep