Excelsior Correspondent
JAMMU, July 20: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjay Dhar and Justice Rajesh Sekhri has declined the recommendation of Trial Court for imposing death sentence upon the Rakesh Kumar, husband of deceased.
After hearing both the sides, the DB observed, “since the charge was for offence under Section 302 RPC, the appellant was not put to notice to meet a charge under Section 306 RPC, therefore, he is prejudiced by not framing a charge under Section 306 of RPC. But then in the instant case, all the prosecution evidence has been put to the appellant while recording his statement under Section 342 of J&K Cr.P.C. This evidence includes the evidence relating to the offence under Section 498-A of RPC”.
“Therefore, the appellant had enough of notice of the allegations that attract Section 306 of RPC as well. Since there is no clinching evidence regarding setting on fire of the deceased by the appellant and it is nobody’s case that it was an accidental death, as such, the only course left is to hold that the prosecution has proved suicide of the deceased that has been abetted by the act of cruelty perpetrated by the appellant upon her in connection with demands of dowry”, the DB said.
“The conviction of the appellant under Section 302 RPC and sentence of death awarded against him are set aside. Instead, the appellant is convicted of an offence under Section 306 RPC. His conviction for offence under Section 498-A RPC is upheld”, the DB said, adding “having regard to the crude and barbaric manner in which the appellant has instigated the deceased to commit suicide on account of persistent demands of dowry coupled with the fact that the incident has resulted in death of not only the deceased but it has also resulted in death of the unborn child inside her womb, the appellant deserves to be given the maximum punishment”.
Accordingly, in proof of offence under Section 306 RPC, the appellant has been sentenced to rigorous imprisonment for a term of ten years and to pay a fine of Rs 10,000. In proof of offence under Section 498-A of RPC, the appellant has been sentenced to rigorous imprisonment for a term of three years and to pay a fine of Rs 5,000. Both the sentences shall run consecutively and in default of payment of fine, the appellant shall undergo further imprisonment of one year in each of the offences, the DB said.
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