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2014 Supreme(Online)(DEL) 412

HIGH COURT OF DELHI
SHIV KUMAR & ORS. – Appellant
Versus
STATE – Respondent


O R D E R

% 23.01.2014 Appellants are the father-in-law, brother-in-law and husband of deceased-Alkesh, who had died unnatural death by hanging in her matrimonial house on 20th December, 1997 i.e. within one year and four months of her marriage with appellant-husband.

Appellants were tried for the offences under Section 304-B/498-

A/34 of IPC in FIR No.389/1997 registered at P.S. Anand Parvat, Delhi and vide impugned judgment of 5th May, 2000, they have been convicted for the offence of dowry death and of subjecting deceased to cruelty whereas their co-accused Smt. Jhabbo Devi (Bua of husband of deceased) and Babli (nand of deceased) have been declared as Proclaimed Offender. Vide impugned order of even date, appellants have been sentenced to rigorous imprisonment for seven years each with fine for committing the offence of dowry death and for the offence under Section 498-A of IPC, they have been sentenced to rigorous imprisonment for two years each with fine. Both the sentences were ordered to run concurrently.

The factual background of this case as noticed by trial court in the impugned judgment is as under: -

“The short facts of the case as per the prosecution are that on 29.12.97,

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