GITA MITTAL, J.

1. By the instant appeal, the appellant assails the judgment dated 17th May, 2000 whereby he stands convicted for commission of the offences under Sections 304B and 498A of the IPC with which he was charged in SC Case No.25/1999 arising out of FIR No.533/98 registered by the Police Station Jahangir Puri under Sections 498A/304B/406/34 of the IPC and the consequential order of sentence dated 23rd May, 2000 whereby he has been sentenced to undergo rigorous imprisonment for three years for the commission of the offence punishable under Section 498A IPC with fine of Rs. 500/- and in default of payment of fine, to undergo simple imprisonment for one month. For commission of the offence under Section 304B IPC, the appellant stands sentenced to imprisonment for life with fine of Rs. 1,000/- and in default to undergo simple imprisonment for two months.

The sentences had been directed to run concurrently. It was also directed that the appellant would be entitled to the benefit under Section 428 of the Cr.P.C.

2. Telephonic information was received at the Police Station Jahangir Puri at 12:25 am on 22nd October, 1998 from Constable Umar Mohd., who was based in the Lok Narayan Jai Prakash Hospital, that one Smt. Sharda Devi, wife of the appellant – Ramesh Kumar resident of Block ‘A’ H.No.1262, Jahangir Puri aged about 27 years and her son Himanshu aged about 2½ years have been brought to the Lok Nayak Jai Prakash Hospital by Ramesh Kumar - the present appellant (her husband and father of the child) in a burnt condition. This information was logged as DD No.2B on the 22nd of October 1998 itself. This document has not been proved on record of the trial court.

Investigation carried out

3. It is necessary to examine the manner in which the inquiry and investigation had proceeded in the present case.

4. DD No.2B was handed over to S.I. Bhoop Singh to conduct further inquiries. S.I. Bhoop Singh has been examined as PW-14 who claimed that he rushed to the spot at 12:30 am and was the first to reach the premises No.A-1262/633, Jahangir Puri along with Constable Raj Kumar (PW-16).

5. S.I. Bhoop Singh (PW-14) states that at the spot, he had found broken bangles, plastic can, burnt pieces of cloth and a matchbox lying there. He further stated that after leaving Constable Raj Kumar to guard the spot, he had proceeded to the JPN Hospital where the injured Sharda and Himanshu had been removed who were declared unfit for statement. The MLCs had been collected by him.

6. Upon return to the spot, PW-14 has claimed that he got the scene of the investigation photographed and effected seizure of the plastic can, broken bangles, matchbox and ashes of the burnt cloths vide memo Ex.PW1/E.

7. It is in the testimony of PW-14 that when he returned from the hospital to the spot again at about 2:15 am on the 23rd October, 1998, he met the father of the appellant for the first time at the spot. The father of the deceased Madan Singh (PW-1) was also present there.

8. It appears that on the 22nd of October 1998, before noon, Sharda had expired. The information of her death was telephonically conveyed at 12:30 pm from JPN Hospital to PS Jahangir Puri which was logged as DD No.14A (Ex.PW3/A) and handed over to S.I. Bhoop Singh (PW-14).

9. It is further in the testimony of S.I. Bhoop Singh (PW-14) that he had deposited the case property in the malkhana and contacted the Sub-Divisional Magistrate as the marriage of the victim has taken place about 4½ years ago.

10. The investigating officer has also stated that he had informed the police control room at about 7:00 pm or 7:30 pm on the 22nd of October 1998 to intimate the Sub-Divisional Magistrate as he was unable to contact him on the cellular phone, it being a holiday.

11. It is in the evidence of Head Constable Nepal Singh (PW-12) {then MHC(M)} that S.I. Bhoop Singh (PW-14) had deposited one sealed pulanda sealed with the seal of BS in the malkhana on 22nd October 1998. He had also proved that S.I. Bhoop Si