Delhi District Court
Sc No. 02/14 State vs Dalip Kumar Etc. Page No. 1/ on 28 May, 2015
IN THE COURT OF SH. NARESH KUMAR MALHOTRA,
ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI
COURTS, DELHI.
IN THE MATTER OF
SESSIONS CASE NO.02/14
ID No. 02401R0428822012
FIR NO. 392/10
P.S. Rajouri Garden
U/S 498A/304B/302/34 IPC
STATE
VERSUS
1. Dalip Kumar
S/o Sh. Bhola Ram
R/o H.No. 60, Prayog Vihar,
Hari Nagar, Delhi.
2. Smt.Sanjana Devi,
W/o Sh.Bhola Ram
R/o H.No. 60, Prayog Vihar,
Hari Nagar, Delhi.
3. Bhola Ram
S/o Sh. Ram Lal
R/o H.No. 60, Prayog Vihar,
Hari Nagar, Delhi.
DATE OF INSTITUTION : 20.09.2012
DATE OF RESERVING THE ORDER : 27.05.2015
DATE OF DECISION : 28.05.2015
JUDGEMENT
1. In brief the case of the prosecution is that on receipt of DD no. 17 dt. 07.12.2010, PP MIG Flats PS Rajouri Garden recorded at SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 1/ 11:20 AM regarding the fact that in H.No. 60, Prayog Vihar, one female hanged herself. SI Ram Kishroe visited H.No. 60, Pryog Vihar, Delhi where on enquiry it was found that deceased was married one year ago. SDM was called at the spot, who had recorded the statements of family members of the deceased. No suspicion was raised on the basis of the statements.
2. On 08.12.2010 at about 03:00 PM, Sh.Prakash Chand, father of the deceased again got recorded his statement before the SDM, Rajouri Garden wherein he has stated that his daughter deceased Smt. Sonu got married with accused Dalip Kumar on 11.02.2010. He had given the dowry as per his capacity. In initial days, his daughter had not complained of anything. Lateron, her inlaws started harassing her. They did not permit her (deceased) to talk on telephone. She was only permitted to talk them by keeping the phone on hands free mode. About 45 months ago in May, she had told to his son (brother of deceased) that her in laws were demanding motorcycle. Father of deceased told that he would give the motorcycle after clearing the debts of the marriage. His daughter was not happy in her matrimonial home. He had suspicion over in laws of his daughter that they have killed her. He has also explained that on 07.12.2010, he had given his statement under pressure of Sh.Ramesh Kumar, the son in law of his elder brother, who was the mediator in the marriage of deceased.
3. On the basis of statement of Sh.Prakash Chand dt. 08.12.2010, FIR No. 392/10 U/s 498A/304B/34 IPC PS Rajouri Garden was SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 2/ registered and the investigation of this case was assigned to Insp.Shankar Lal. During the course of investigation, "Dupatta" used while committing suicide was seized. Crime team was called, who had inspected the scene of crime. Photographs of place of occurrence were taken.
4. Postmortem of deceased was conducted on 08.12.2010 at 03:00 PM. In the postmortem report, the doctor has opined the time since death as approximately 28 hours prior to the postmortem examination. The cause of death was kept pending till the blood and viscera reports, which was preserved for chemical analysis. The manner of death was suicidal. Blood sample and viscera were sent to FSL. The proof of marriage was collected. Lateron, the investigation was taken up by Insp. Shiv Dayal, the SHO. The accused were searched. On 12.06.2012, accused Dalip Kumar, husband of the deceased was arrested. Coaccused Sanjana Devi and Bhola Ram surrendered and they were released on bail vide order dt. 13.02.2012 passed by Sh.Rakesh Siddhartha, ld. ASJ. Section 302 IPC was added.
5. As per FSL report dt. 12.01.2013 of chemistry Division, metallic poisons, ethyl and methyl alcohol, cyanide, phosphide, alkaloids, barbiturates, tranquilizers and pesticides could not be detected in exhibits '1A, 1B and 1C'.
6. Chargesheet was filed. Charge for the offence punishable U/s 498A/304B/34 IPC against all the accused persons was framed by my Ld. Presiding officer on 27.11.2013, to which they pleaded not guilty and claimed trial.
SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 3/
7. To prove its case, the prosecution has examined as many as 17 witnesses i.e. PW1 Sh.Prakash Chand, PW2 ASI Ajit Singh, PW3 Sh.Krishan Kumar @ Kapil, PW4 HC Anil Kumar, PW5 Smt.Anju Mangla, PW6 HC Kulvinder Singh, PW7 Ct.Pankaj Kumar, PW8 Sh.Jahid Ali, PW9 Smt.Kiran Gosai, PW10 Insp.Ram Kishore, PW11 Dr. Narayan Dabas, PW12 Dr.Ajay Sharma, PW13 W/Ct.Seema, PW14 Ct.Sahender, PW15 Insp.Ram Niwas, PW16 Insp.Shankar Lal and PW17 Sh.Jitender Kumar.
8. Thereafter, Statements of accused persons U/s 313 Cr.P.C. were recorded, wherein they have stated that they are innocent and falsely implicated in this case. No dowry was ever demanded by them from the deceased and the deceased was living happily with her husband namely Dalip Kumar and as a result of cordial and happy living, they were blessed with a son within one year of their marriage. They further stated that deceased used to remain disturbed and under depression due to the illness of her mother, who expired after her marriage. She had committed suicide for the said reason.
9. PW1 Sh.Prakash Chand has deposed that his daughter Sonu got married with accused Dalip Kumar according to Hindu rites and ceremonies on 11.02.2010 and in the marriage, he gave dowry according to his means. He has further stated that after the marriage, his daughter started living in her matrimonial home with her husband,mother in law, father in law, Devar and Nanad.
SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 4/ After some days of the marriage, her husband Dalip Kumar demanded a motorcycle from his daughter and his daughter told about the demand of motorcycle to his son. He told to the deceased that after the loan taken for the marriage is repaid, he would arrange the motorcycle. He has further stated that whenever his daughter used to talk with them on phone, she was forced to keep the phone on hand free mode and she used to talk under the pressure of her in laws.
This witness has further stated that on 07.12.2010, he received a telephone call and the caller informed him that his daughter had hanged herself and on receiving the information, he alongwith his wife and other relatives went to the house of accused persons. This witness had identified the deadbody of his daughter in mortuary by identification statement Ex. PW1/A. He has further stated that after the postmortem, the deadbody of the deceased was handedover to him. He has further stated that the SDM met him in the hospital and recorded his statement which is proved as Ex. PW1/B. This witness has also proved the Marriage Card as Ex. PX.
This witness was crossexamined by Ld. Addl. P.P.for the State on the ground that the witness is suppressing the material facts and in the crossexamination done by the Ld.Addl. P.P.for the State, he has admitted that he had stated before the SDM and police that mother in law and father in law also used to harass his daughter for the demand of motorcycle. He has also admitted that on 02.12.2010, his daughter told him that her mother in law SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 5/ and father in law used to comment that no articles have been given on the birth of the child of Sonu and his daughter used to remain disturbed and she was harassed by her husband, mother in law and father in law for dowry demands.
10.PW2 ASI Ajit Singh has deposed that he alongwith photographer HC Anil Kumar visited the spot i.e. H.No. 60, Prayog Vihar, Hari Nagar, Delhi and inspected the site and found one lady namely Sonu aged about 22 years lying on the floor, ligature mark were present on the neck, mouth was open. He has further stated that photographs of the spot were taken and he prepared the report Ex. PW2/A and handedover the same to the IO.
11.PW3 Sh.Krishan Kumar @ Kapil has deposed his younger sister Sonu got married to accused Dalip on 11.02.2010 and after the marriage, his sister Sonu started living at her matrimonial home at Hari Nagar, Paryog Vihar. Her mother in law, father in law, brother in law and sister in law were also residing in the same house. He has further stated that he used to visit his sister at her matrimonial home and noticed his sister usually seems to scared. He has further stated that after about 34 months of marriage, on one occasion, when he visited her matrimonial home, she told him that her husband i.e.accused Dalip Kumar demanded motorcycle from her and he assured his sister that they will arrange a motorcycle for him after payment of loan, which they have taken for her marriage. He has further stated that on return to his home, he also told about the demand of motorcycle by accused Dalip Kumar to his father and his father also told him SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 6/ that they will fulfill the demand of motorcycle on payment of debt.
This witness has further stated that about 1015 days prior to death of his sister, when he visited her house, he noticed that his sister was sitting in a pensive mood and when he asked her about her such condition, she did not disclose anything as her mother in law was present there.
This witness has further stated that one day prior to her death, when he visited the matrimonial home of his sister, he again noticed that his sister was scared. She did not tell anything as her mother in law was present there but his sister gave her child in his lap. He gave the child to his sister after some time and he returned back home. On the next day, he received a phone call of his cousin Jamuna informing him that his sister Sonu had expired and he immediately reached at matrimonial hom of his sister Sonu where he found his sister was lying on the floor and she was dead. This witness has proved his statement made on 08.12.2010 before the Magistrate which is Ex. PW3/A and in the said statement, he stated that husband of his sister and her in laws are responsible for her death.
12.PW4 HC Anil Kumar has deposed that on 07.12.2010, he alongwith crime team reached at the spot and taken photographs of dead body of a lady and place of incident. This witness has proved the photographs as Ex. PW4/B1 to Ex. PW4/B10 and negatives as Ex. PW4/A (colly.).
13.PW5 Smt.Anju Mangla has deposed that on 07.12.2010, she was SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 7/ present in her office and SHO Rajouri Garden informed her that some incident had taken place at Prayog Vihar. She reached the spot i.e.J.J.Colony, Prayog Vihar, Hari Nagar, Delhi, where she saw dead body of female namely Smt. Sonu W/o Dalip Kumar lying on the floor. Police officials were present there and she directed the IO to take the dead body to hospital for further management. Thereafter, she came back to her office.
This witness has further stated that lateron, on the same day, the parents and brother of the deceased came to her office and she recorded statements of the relatives of the deceased i.e. Sh.Prakash Chand (father) Ex.PW1/DA Smt.Kamlesh (mother) Ex.PW1/DB and Sh.Krishan Kumar (brother) Ex.PW5/A. This witness has further stated that on 08.12.2010, she reached at DDU hospital, where she prepared the inquest proceedings and prepared the report i.e. form no. 25.35 (1) (B) which is proved as Ex.PW5/B and thereafter, she recorded the statement of Sh.Prakash Chand in her own handwriting as verbatim which is proved as Ex.PW1/B. She has further stated that thereafter, she directed the SHO PS Rajouri Garden to inquire into the matter after registration the FIR vide her endorsement which is proved as Ex. PW5/C. She also recorded the statement of Sh.Krishan Kumar @ Kapil which is proved as Ex. PW3/A.
14.PW6 HC Kulvinder Singh has deposed that on 08.12.2010, he along with Incharge, Police Post Sub Inspector Ram Kishore went SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 8/ to DDU Hospital Mortuary, where postmortem on the dead body of deceased Sonu w/o Dalip Singh was conducted at the direction of SDM, Rajouri Garden. After the postmortem, the dead body was handed over to the family members of the deceased. She has further stated that the doctor gave him one sealed polythene which is stated to have contained viscera of the deceased along with sample seal of the hospital and he produced the same before SI Ram Kishore, who seized the same while preparing seizure memo Ex. PW6/A.
15.PW7 Ct.Pankaj Kumar has deposed that on 07.12.2010, on receiving the DD no. 17 PP MIG Flats, he accompanied SI Ram Kishore to house no. 60, Prayag Vihar, Hari Nagar, Delhi, where one body of a female, whose name was revealed as Sonu wife of Dalip was found lying on the floor. SDM was called by the IO and SDM made enquiry from the IO. The dead body was shifted to Mortuary Hospital.
This witness was crossexamined by the Ld. Addl. P.P.for the State with regard to visit of crime team and regarding statement recorded by the IO and the witness admitted that IO recorded his statement on 08.12.2010. He has further admitted that IO had called crime team at the spot and crime team inspected the spot prior to sending the dead body to DDU hospital mortuary.
16.PW8 Sh.Jahid Ali has deposed that he know accused Sanjana Devi, Bhola Ram and Dalip Kumar as they are his neighbours. On 07.12.2010, he was present at his house and heard hue and cry SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 9/ from the gali at about 11:00 AM. He ,thereafter, went towards the direction from where the sound of crying was coming and when he reached near the house of the accused persons, a large crowd was present there and the accused persons were weeping. The public persons were breaking open the wooden door of the room of the house of the accused persons and somehow the door of the room was got opened. He has further stated that he saw that Sonu W/o Dalip Kumar was hanging from a ceiling fan with a chunni. The body was brought down from the ceiling. Police also reached at the spot. His statement was recorded on the same day by police which is proved as Ex. PW8/A. He has further stated that he never heard any quarrel between the accused persons and deceased, however, the deceased was in tension due to the illness of her mother. He never heard about any illness of the deceased.
17.PW9 Smt.Kiran Gosai has deposed that he know accused Sanjana Devi, Bhola Ram and Dalip Kumar as they are her neighbours. On 07.12.2010, she was present at her house and was feeding her nephew. She heard hue and cry from the gali at about 11:00 AM. She, thereafter, went towards the direction from where the sound of crying was coming and when she reached near the house of the accused persons, a large crowd was present there and the accused persons were weeping. The public persons had broke open the wooden door of the room of the house of the accused persons and she saw that Sonu W/o Dalip Kumar was hanging from a ceiling fan with a chunni. The body was brought down from the ceiling. Police also reached at the spot. This witness has proved her SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 10/ statement as Ex.PW9/A. She has further stated that she never heard any quarrel between the accused persons and deceased and she never heard about any illness of Sonu either from him or from her in laws. She even did not disclose her about any harassment at the hands of her in laws. She was residing happily.
18. PW10 Insp.Ram Kishore has deposed that on 07.12.2010, at about 11:20 AM DD No. 17, PP MIG Flats, Ex. PW10/A, regarding hanging at H. No. 60, Prayog Vihar was received. He along with Ct. Pankaj went to the place of incident, where one body of a lady, whose name was revealed as Sonu W/o Dalip found dead on floor inside the above house. On enquiry, he came to know that her marriage was solemnized in February, 2010. Since, it was a case of death of a female within seven years of her marriage, therefore, he informed SDM Rajouri Garden Ms. Anju Mangla and SHO, PS Rajouri Garden. He also sent request through control room for sending the Crime Team at the spot. The Crime Team visited at the spot. The SDM also reached at the spot. Crime Team inspected the spot and spot was photographed. Incharge Crime Team, ASI Ajit Singh furnished his report.
This witness has further stated that one chunni, which was used for hanging, was recovered from the bed in the room, where the dead body was found and he converted the chunni into pullanda and sealed with seal of RK and seized through seizure memo, which is proved as Ex.PW10/A. He also informed the parents of the deceased. The dead body was sent to mortuary DDU hospital as per the instruction of the SDM. The parents and SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 11/ brother of deceased reached at the spot. SDM recorded statements of Prakash (father), Smt. Kamlesh (mother) and Krishan Kumar (brother). He has further stated that he prepared site plan Ex.PW10/B. Local inquiry was made by him at the instructions of SDM and in her presence, he recorded statements of Sh. Jahid Ali already Ex.PW8/A, statement of Smt. Lalita Ex. PW10/C, statement of Sh. Naresh Kumar Ex.PW10/D, statement Smt. Sanjana Ex.PW10/E, statement Bhola Ram Ex.PW10/F and statement of Ms. Kiran Gusani already Ex.PW9/A. This witness has further stated that on 08.12.2010, he reached at mortuary DDU hospital alongwith HC Kulvinder Singh. SDM also reached at the hospital. The SDM prepared request for postmortem and prior to that dead body was got identified by the father and brother of the deceased vide Ex.PW1/A and Ex. PW10/G, at the instructions and under dictation of SDM. After the postmortem, HC Kulvinder Singh produced sealed viscera and sample seal of the hospital, which were seized by him through seizure memo Ex.PW6/A. The SDM prepared inquest papers. This witness has proved his application for preserving the dead body at mortuary dated 07.12.2010 as Ex.PW10/H. The father and brother of the deceased made their statements before SDM, which are proved as Ex.PW1/B and Ex.PW3/A. On the statement of Sh. Prakash Chand, Ex.PW1/B, the SDM made her endorsement for the registration of FIR. He has further stated that after the postmortem, the dead body was handed over to the father of deceased. Thereafter, he came back to PS along with HC SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 12/ Kulvinder Singh and deposited case property in Malkhana and produced the statement of Prakash Chand before the SHO, upon which SHO made his endorsement for getting the FIR registered. After registration of the FIR, investigation of case was marked to Inspector Shankar Lal and he handed over all the papers to Inspector Shankar Lal. He has further stated that his statement was recorded by Inspector Shankar Lal on 08.12.2010. This witness has proved the chunni as Ex. P1.
19.PW11 Dr.Narayan Dabas has deposed that he has been deputed by the Medical Superintendent, Department of Forensic Medicine to appear and depose on behalf of Dr. Sabrina Majeed, then JR. Department of Forensic Medicine, DDU Hospital. Doctor Sabrina Majeed has already left DDU Hospital and her present whereabouts are not available with the hospital records. He has further stated that he has seen Dr.Sabrina Majeed as writing and signing in due course of his duties and can identify her handwritings and signatures.
This witness has proved the PM report No. 1435/10 dated 08.12.2010 of Smt. Sonu, 22 years female, W/o Sh. Dalip Kumar, r/o H.No. 60, Prayog Vihar, Hari Nagar, Delhi as Ex. PW11/A and identified the signatures of Dr. Sabrina Majeed on each page at point A (PM running into three pages). He has also seen the subsequent opinion given by Dr. Ajay Sharma and he is still working in Emergency Department, DDU Hospital. As per the postmortem report, Ex. PW11/A, the cause of death was kept pending till receipt of blood and viscera report. This witness has SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 13/ further stated that as per his opinion, the cause of death is asphyxia due to antemortem suicidal hanging.
20.PW12 Dr.Ajay Sharma has deposed that on 29.10.2013, he received request of the IO concerned of the present case FIR PS Rajouri Garden for subsequent opinion regarding cause of death of the deceased Smt.Sonu W/o Dalip Kumar. The IO produced before him the P.M. Report no. 1435/10 dt. 08.12.2010 and FSL report no. FSL2011/C495 dt. 12.01.2013. After perusing the postmortem report and FSL reports, he was of the opinion that the cause of death of Smt.Sonu W/o Dalip Kumar was due to asphyxia due to antemortem suicidal hanging. This witness has proved his opinion bearing reference no. FM/03/201213/457 dt. 29.10.2013 as Ex. PW12/A.
21.PW13 W/Ct.Seema has deposed that on 07.12.2010, at 11.20 AM, she received one information through some unknown person that at H.No. 60, Prayog Vihar, Delhi, a lady had hanged herself and police may kindly be sent to the spot. She recorded this information vide DD no. 17 PP MIG Flats, Ex.PW10/A and gave the copy of DD to Ct.Pankaj for giving it to I/C PP for necessary action.
22.PW14 Ct.Sahender has deposed that on 31.01.2011, the MHC(M) gave him sealed viscera petti under the present case FIR alongwith forwarding letter and RC no. 9/21/11 for depositing the same at FSL, Rohini, Delhi and he deposited the viscera petti at FSL, Rohini, Delhi and came back to the PS. He has further stated that he handedover copy of acknowledgement SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 14/ to the MHC(M). This witness has proved the photocopy of RC as Ex.PW14/A and copy of acknowledgment as Ex. PW14/B.
23.PW15 Insp.Ram Niwas has deposed that the further investigation of this case was received to him and during investigation, on 12.06.2012, accused Dalip Kumar appeared at PS Rajouri Garden and he had arrested him in this case vide Arrest Memo Ex.PW15/A, conducted his personal search vide memo Ex.PW15/B. The accused Dalip was sent to JC after getting him medically examined vide MLC Mark A. On completion of the investigation, challan was prepared and filed before the Court. This witness has proved the FSL report no. 2011/C495 dt. 12.01.2013 and he tendered the report as Ex. PW15/C.
24.PW16 Insp. Shankar Lal has deposed that on 08.12.2010, he received investigation of the present case and recorded statement of HC Kulwinder and SI Ram Kishore. During investigation, he also recorded statements of the father and brothers of deceased and neighbours of the deceased. He collected the P.M.report on 15.01.2011 and on 31.01.2011. The Viscera of deceased namely Smt.Sonu W/o Sh.Dalip was sent to FSL, Rohini through Ct.Shailender and he recorded statements of Ct. Shailender and MHC(M).
This witness has further stated that during investigation, he also recorded statements of the I/C Crime Team and photographer of Crime Team and had also collected the photographs. Lateron he was transferred in the month of June, 2011 and he handedover case file to MHC(R). Further SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 15/ investigation of the present case was carried out by Insp. Ram Niwas.
25.PW17 Sh.Jitender Kumar has proved the report dated 12/01/13 bearing report no.FSL2011/C495, as Ex.PW15/C. He has further stated that the report Ex.PW15/C is his detailed report, which was prepared by him after examining the exhibit Ex.1A, Ex.1B & Ex.1C and the same bears his signatures at point A and B. As per his opinion, no metallic poisons, methyl and ethyl Alcohol, cyanide and phosphide, alkaloids, barbiturates, tranquilizers and pesticides could be detected in above exhibits. After the examination, the remnants were sealed with the seal of JK FSL Delhi and the report was sealed in envelop with the above mentioned seal, which was was forwarded to SHO, PS Rajouri Garden through forwarding letter along with the sealed remnants.
26.I have heard ld. Addl. PP for the State, Sh.Sanjeev Kumar, ld.Counsel for the accused persons and perused the record carefully.
27.It is vehemently contended by the ld. Counsel for the accused persons that marriage between the deceased and the accused Dalip Kumar was dowry less marriage. There was no demand from the side of accused persons. The brother and father of the deceased have admitted to make statement on 07.12.2010. The mother of the deceased also made her statement on 07.12.2010. In the statements dt. 07.12.2010, parents and brother of the deceased had not levelled any allegations in respect of dowry SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 16/ demand against any of the accused persons. It is also contended that no specific date of demand of motorcycle is mentioned and in the statement, it is also not mentioned that for not bringing the motorcycle, the accused persons started harassing the deceased.
28.It is true that PW1 Sh.Prakash Chand admitted to make statement on 07.12.2010, which is proved on record as Ex.PW1/DA. In Ex. PW1/DA, PW1 Sh.Prakash Chand had mentioned that the marriage of the deceased was without any dowry and the in laws had not demanded any dowry from him at the time of marriage of his daughter. It is also mentioned by this witness that his daughter came to his house about 34 times and she used to talk with him daily and his daughter had not complained about her in laws. It is also mentioned that his daughter was living happily and she was not suffering from any disease. It is also mentioned that in the death of his daughter, he has no suspicion upon her in laws and he is making statement without any pressure.
29.When this witness PW1 Sh.Prakash Chand appeared before the court, in the crossexamination, he has admitted that his statement was recorded by the SDM on 07.12.2010 which is proved as Ex.PW1/DA and he admitted that he made the statement Ex.PW1/DA in proper senses and the same is correct. He has also admitted that he told the SDM in his statement Ex.PW1/DA that marriage of his daughter was solemnized without any dowry. This witness has also admitted that in his statement Ex.PW1/DA, he has stated before the SDM that in laws SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 17/ of his daughter had never raised any demand from him as well as his daughter. In the crossexamination, he has also admitted that his daughter frequently used to visit his house and he & his wife used to talk with the deceased on telephone daily after her marriage. He also admitted that whenever his daughter visited his residence, she never complained about any dowry demand raised by the accused persons. He has also admitted in the cross examination that his daughter was hale and healthy and was not suffering from any ailment and a son was born to her within one year of marriage. He has also admitted that all the accused persons never raised any demand of dowry from him. He has also admitted that whenever his daughter met him, she always stated that she was happy at her matrimonial home. It is also admitted by PW1 Sh.Prakash Chand that her wife Smt.Kamlesh had not made any complaint against the accused persons in her statement Ex. PW1/DB. Thus, from the perusal of statements of Ex.PW1/DA and Ex. PW1/DB and Ex. PW5/A, it is clear that the parents and brother of the deceased made statements on 07.12.2010 and they have not made any allegations of any kind of dowry demand or harassment made by the accused persons.
30.PW1 Sh.Prakash Chand had levelled allegations against the accused persons in his statement dt. 08.12.2010 that after marriage of the deceased, the inlaws of the deceased had started harassing her and they did not allow her to talk with them alone. It is also mentioned that after 45 months in the month of May, his daughter had told his son that accused persons were SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 18/ demanding motorcycle.
31.When PW1 Sh.Prakash appeared in the witness box, he has admitted that his daughter used to visit his house frequently after her marriage and he and his wife used to talk with the deceased on telephone daily after her marriage. This witness has also admitted that whenever his daughter used to visit his house, she never complained about any dowry demand raised by the accused persons. This witness has categorically stated that all the accused persons had never raised any dowry demand from him as well as from his daughter. This witness also admitted that whenever his daughter met him, she always stated that she was happy at her matrimonial home. He has also admitted that accused Sanjana and Bhola Ram used to treat the deceased as their daughter with love and affection. This witness has also admitted that at the time of birth of son of his daughter, no demand was raised by the accused persons. This witness also admitted he alongwith his relatives went to the house of accused persons after hearing the news of demise of his daughter and also admitted that at that time, there was some altercation between his relatives and the relatives of accused persons and because of that altercation, he had again made a statement on 08.12.2010 before the SDM. This witness has also admitted that he made statement dt. 08.12.2010 to the SDM due to anger and the allegations levelled in the statement dt. 08.12.2010 are not correct. This witness has also admitted that his son Krishan had visited the house of accused persons on 06.12.2010 at about 10:30 PM and he came back to SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 19/ the house at about 12 mid night. This witness has also admitted that on enquiry from his son Krishan, he had told him that deceased Sonu was happy, hale and healthy. This witness also admitted that deceased Smt.Sonu was having her own mobile phone and she used to talk with him from the same phone and there were no restrictions on his daughter for talking with him or his wife on telephone. This witness has also stated that the statement which he had made today is correct statement. This witness has also admitted that his wife Smt.Kamlesh was not well and she used to get fits. This witness has also admitted that his daughter Sonu was attached with her mother and she was very much worried about the health/condition of her mother.
32.PW3 Sh.Krishan Kumar, brother of the deceased has admitted in his crossexamination that after the marriage of his sister, there was no demand of dowry from any of the accused at any point of time. This witness has also admitted that accused persons did not demand any dowry before marriage of his sister and deceased was happily resided at her matrimonial home. This witness has also admitted that the deceased used to talk frequently with him and his parents and she was never forbidden from talking to him or his parents over phone by the accused persons. He has also admitted in his crossexamination that whenever he visited the matrimonial home of his sister, he had never seen her in a pensive mood. He has also admitted that on 06.12.2010, he had visited the matrimonial home of his sister Sonu at about 11 PM after finishing his duty and at that time, she was happy and was freely SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 20/ talking with him. This witness has also admitted that there was some altercation between his relatives and the relatives of accused persons and he had stated incorrect facts to the SDM on 08.12.2010, under the pressure of his relatives.
33.Thus, from the statements of PW1 Sh.Prakash Chand and PW3 Sh.Krishan Kumar, it is not proved that there was any demand of motorcycle by the accused persons. Moreover, there is no specific date of demand when the accused Dalip Kumar had demanded motorcycle from the deceased. It is also not mentioned that when the brother of the deceased visited the matrimonial house of the deceased and when the fact of demand of motorcycle was told by him. Moreover, PW1 Sh.Prakash Chand and PW3 Sh.Krishan Kumar have categorically stated that there was no dowry demand from the side of any of the accused persons and the deceased was kept happily. PW3 Sh.Krishan Kumar has admitted that on 06.12.2010, he had visited the matrimonial house of the deceased and at that time, the deceased was happy. Thus, from the testimonies of PW1 Sh.Prakash Chand and PW3 Sh.Krishan Kumar, it is not proved that motorcycle was demanded by accused Dalip from the deceased. It is also not proved that deceased was not being permitted to talk with her parents on telephone. It is also not proved that there was any dowry demand from the side of accused persons and the deceased was being harassed on account of nonfulfillment of dowry demands.
34.It has come in evidence that PW1 Sh.Prakash Chand made his statement dt. 07.12.2010 at the instance of Sh.Ramesh Chand, SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 21/ who is brother in law of his elder brother. No investigation was carried out in respect of Ramesh Chand. Ramesh Chand has not been cited as a witness to prove that statements of parents and brother of the deceased were recorded at his instance.
35.I have perused the statements dt. 08.12.2010, wherein, it has not mentioned that because of not bringing the motorcycle, the accused persons started harassing the deceased. It is not proved that the deceased was harassed on account of dowry and due to this reason, the deceased had committed suicide. It is also admitted that Smt.Kamlesh, the mother of the deceased had died but it is admitted by PW1 Sh.Prakash chand that his wife made statement on 07.12.2010 before the SDM. There are no allegations of any kind of dowry demand or harassment made by the accused persons to the deceased, in the statements made by Smt.Kamlesh, Sh.Prakash Chand, parents of the deceased and Sh.Krishan Kumar, brother of the deceased. Thus, it is not proved that accused persons ever harassed the deceased on account of dowry demand and due to the harassment, the deceased had committed suicide. All the accused persons are able to rebut the Presumption U/s 113 (b) of Indian Evidence Act. Thus, the prosecution has failed to prove the offence U/s 498A/304B/34 IPC against all the accused persons. Accordingly, all the accused persons namely Dalip Kumar, Bhola Ram and Sanjana Devi are hereby acquitted for the offence U/s 498A/304B/34 IPC. All the accused persons are on bail. All the accused persons are also directed to furnish bail bonds and surety bonds for a SC No. 02/14 State Vs.Dalip Kumar etc. Page No. 22/ sum of Rs.10,000/each (Rupees ten thousand each) with one surety each in the like amount in view of Provision of Section 437A Cr.P.C. within 3 days from today.
File be consigned to record room, after necessary compliance.
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON:28.05.2015. ASJ05 (West), THC, Delhi.
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