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2014 Supreme(Del) 3300

S.MURALIDHAR
Sanjay – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


For the Appellant :Mr. Rajeev Sharma and Mr. Rupesh Kumar, Advocates.
For the Respondent: Ms. Isha Khanna, APP.

JUDGMENT :

S. Muralidhar, J.:--

1. The present appeal is by Sanjay, Accused No. 1, the husband of the deceased Rekha, against the judgment dated 21st April 2010 passed by the learned Additional Sessions Judge (‘ASJ’) in SC No. 129 of 2009 convicting him for the offences under Section 304B IPC and Section 498A IPC and the order on sentence dated 26th April 2010 whereby he was sentenced to undergo rigorous imprisonment (‘RI’) for 10 years for the offence under Section 304B IPC and simple imprisonment (‘SI’) for 1 year along-with fine of Rs. 3,000 and in default to undergo SI for 3 months for the offence under Section 498A IPC.

2. It must be noted at the outset that as per the nominal roll dated 9th October 2014, the Appellant has already served 4 years 7 months and 11 days in imprisonment and also earned remission of 1 year 4 months and 3 days.

3. The deceased Rekha was married to Sanjay on 15th February 2004 and all was well for the first 2 to 3 months. According to Ram Bhool Singh (PW-6), the father of deceased, after three months of marriage Rekha visited their house with Sanjay and she was looking weak. When asked, Rekha told them she was being harassed by Sanjay and both her parents























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