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2018 Supreme(Del) 1300

MUKTA GUPTA
Wasim – Appellant
Versus
State of NCT Delhi – Respondent


Advocates Appeared:
For the Appellant :Mr. Kanhaiya Singhal with Mr.Prasanna, Advocates
For the Respondents: Ms. Meenakshi Chauhan, APP for the State with ASI Baljeet Singh, PS Aman Vihar.

JUDGMENT :

1. Wasim challenges the impugned judgment dated 17th February, 2017 convicting him for offences punishable under Sections 498A/306 IPC and the order on sentence dated 18th February, 2017 directing him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/-, in default whereof to undergo simple imprisonment for a period of one month, for offence punishable under Section 498A IPC and rigorous imprisonment for a period of four years and to pay a fine of Rs.50,000/-, in default whereof to undergo simple imprisonment for a period of six months, for offence punishable under Section 306 IPC.

2. Assailing the conviction, learned counsel for the appellant contends that the appellant was charged for offence punishable under Section 304B IPC but was convicted for offence punishable under Section 306 IPC. Section 306 IPC cannot be said to be a minor offence in relation to offence punishable under Section 304B IPC within the meaning of Section 222 Cr.P.C. for the reason that the two offences are of distinct categories. Reliance is placed upon the decision of this Court reported as (2016) 232 DLT 318 Smt. Ramo Devi v. State. Secondly, from the suici












































































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