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2009 Supreme(Del) 982

KAILASH GAMBHIR
Sanjiv – Appellant
Versus
State – Respondent


Advocates appeared:
Through:Mr. Naresh Kaushik, Advocate
Through: Mr. Sanjay Lao, APP

JUDGMENT

KAILASH GAMBHIR, J.

1. The present appeal filed under S. 374 CrPC has been directed against the judgment dated 30/1/2003 passed in Sessions Case No. 135/1997, whereby the appellant husband of the deceased was convicted under S. 498A/304B Indian Penal Code, 1860 and order of sentence dated 30.01.2002 whereby the appellant has been sentenced to undergo rigorous imprisonment for 3 years and 7 years, respectively.

2. The factual matrix of the case, as set out in the appeal, is as follows:

In the afternoon of 18/10/1996 when the appellant was at his shop, he was informed about the incident of suicide having been committed by his deceased wife Shobhana. The appellant on hearing, rushed to his residence and the Doctor PW7 Dr. Jagdish Chander Pathak was immediately called, who found the deceased in an unconscious state but was still breathing. The appellant took her to Khetrapal Hospital, but despite the best efforts of Dr. Anil Khetrapal, PW 12, the deceased did not survive. The parents of the deceased were informed of the said mishap on 18.10.1996 and they arrived on 19.10.1996. The parents were quite normal in their behavior against the appellant and his family. But suddenly, af












































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