Case Note & Summary
The case involved a honeymoon tragedy where Shashibala, the newlywed wife of accused No.1 Bhupendra, died after falling from the first-floor window of Hotel Shangrila in Aurangabad on the night of 17-18 December 1993. Accused No.1 and his deemed sister, accused No.3 Rupinder, were staying in the same room. Initially, an accidental death report was filed by accused No.1, stating that Shashibala had been feeling giddy and later fell. However, the father of the deceased, Omprakash Sakhuja, lodged an FIR alleging dowry demand for a car and ill-treatment, suspecting foul play. The police registered a crime under Sections 304B, 498A, 306 read with 34 of the Indian Penal Code on 20 December 1993 and later added charges under Sections 302 and 114 IPC. After investigation, a charge-sheet was filed on 22 July 1994 against accused Nos. 1 to 3. The trial court convicted accused No.1 Bhupendra under Sections 302 and 498A IPC, sentencing him to life imprisonment and one year rigorous imprisonment respectively, and convicted accused No.3 Rupinder under Section 114 IPC with one year rigorous imprisonment, while acquitting accused No.2 Govardhanlal of all charges. The appellants challenged the conviction and sentences before the High Court. The High Court heard the appeals and reserved judgment on 19 July 2013, but the provided text of the judgment ends before the court’s analysis and final decision are recorded, and thus the outcome of the appeals is not available in the excerpt.
Issue of Consideration
CRIMINAL APPEAL NO. 371 OF 1997
Case Details
2013 LawText (BOM) (08) 27
Criminal Appeal No. 371 of 1997 and Criminal Appeal No. 378 of 1997
Naresh H. Patil, A.I.S. Cheema
V.N. Damle, Vijay Sharma, A.V. Gondhalekar
Bhupendra S/o Govardhanlal Sachdeva, Rupinder D/o Sardar Kundan Singh Hundal
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Nature of Litigation
Criminal appeals against conviction for murder and dowry harassment.
Remedy Sought
Appellants seek setting aside of conviction and sentences awarded by trial court.
Filing Reason
Trial court convicted appellants under Sections 302, 498A, 114 IPC; sentenced to life imprisonment and rigorous imprisonment.
Previous Decisions
Trial Court (2nd Additional Sessions Judge, Aurangabad) in Sessions Case No. 164/1994 convicted accused no.1 (Bhupendra) under Sections 302 and 498A IPC, accused no.3 (Rupinder) under Section 114 IPC, and acquitted accused no.2 (Govardhanlal) under Sections 498A, 304B IPC, and also acquitted accused no.1 under Section 304B IPC.
Judgment Excerpts
Accused No.1 Bhupendra and accused No. 3 Rupindar were convicted of offence punishable under Section 302 of IPC and sentenced to suffer imprisonment for life.
Omprakash Sakhuja, father of deceased then submitted F.I.R. Exhibit 56.
Shashibala, the wife of accused Bhupendra was reported to have fallen on the ground and died.
Procedural History
Investigation led to filing of chargesheet on 22.07.1994; case committed to Sessions Court; Sessions Case No. 164/1994 tried; on 04.01.1997 charges framed under Sections 498A, 304B r/w 34 IPC against accused nos. 1 and 2, and under Section 114 IPC against accused no.3; additional charge under Section 302 r/w 34 IPC framed on 19.03.1997; trial court convicted accused nos. 1 and 3 as mentioned; appeals filed; High Court reserved judgment on 19.07.2013 and pronounced on 06.08.2013.
Acts & Sections
- Indian Penal Code, 1860: Section 34, Section 114, Section 302, Section 304B, Section 306, Section 498A
