"Abetment Of A Thing. A Person Abets The ... vs . on 20 December, 2018

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Delhi District Court

"Abetment Of A Thing. A Person Abets The ... vs . on 20 December, 2018

                                                             Page no. 1 of 82

          IN THE COURT OF SH VIRENDER KUMAR GOYAL
             ADDL. SESSIONS JUDGE04, WEST DISTRICT,
                     TIS HAZARI COURTS, DELHI
        CNR No. DLWT010061602009
        SC No.57706/16
        FIR No. 207/2009
        P.S. Kirti Nagar
        U/Sec. 498A/306/34 IPC

        State

        Vs.

        1. Madhur Malhotra
        S/o Late Prem Malhotra

        2. Kiran Malhotra           (died during trial)
        W/o Late Prem Malhotra
        Both R/o I19, IINd Floor, Kirti Nagar,
        New Delhi


        Date of committal to Court of Sessions     :      20.10.2009
        Final Arguments concluded on               :      10.12.2018
        Date of Judgment                           :      20.12.2018


                                  JUDGMENT

1. The FIR of present case was registered on the basis of on statement made before the IO by the father of the deceased Sh. State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 2 of 82 Naresh Kumar Shiv, who alleged that right from the day of marriage, the deceased was being tortured by her in laws for not bringing enough dowry. It was alleged that the mother in law of the deceased used to say "tu mar qu nahi jati" and would ask her son to marry with some other girl. He has stated that initially his daughter tolerated all this harassment but it became too much to her and she narrated the same her parents. The complainant and his wife alongwith family members intervened and got the matter settled on a few occasions. It is also alleged that the husband and mother in law of the deceased demanded money pursuant to which a total amount of Rs 45 lacs had already been given to them. He has further alleged that in laws of the deceased also used to mentally harass her by casting aspersions on her character. Some allegations are also made against the brother in law of the deceased namely Sunny. It was alleged that despite their intervention, the behaviour of the accused persons did not improve. It is specifically stated that on the previous Saturday, he was told by his daughter that she had been subjected to physical beating and State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 3 of 82 misbehavior and that it is the result of all these acts of the accused persons that his daughter had ultimately died.

2. Thereafter the investigation was completed and the chargesheet U/Sec. 498A/306/34 IPC was filed on 16/09/2009 before the Court of Metropolitan Magistrate, West District, Tis Hazari Court, Delhi. Vide order dated 13/10/2009, Ld. M.M. committed the case to the Court of Sessions.

3. Vide order dated 01/12/2009, charge U/Sec. 498A/306/34 IPC was framed against both the accused persons on 19/12/2009 to which they pleaded not guilty and claimed trial.

4. During the trial, the prosecution has examined 14 witnesses.

5. PW1 Master Namaya has stated that his mother was beaten and tortured by his father, grandmother and uncle Sunny. He has further stated that his mother committed suicide as she was beaten and harassed by them. His mother died on 22.07.2009. On that day, his State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 4 of 82 mother told him to go downstairs for cycling. But he told his mother that he want to swing. He has further stated that he went down to swing and when his hands became red because of holding the chain of swing, he wanted to wash his hands and he came inside the house and asked his grandmother as to where his mother was, on which she told him that his mother was inside. He entered his parent's bedroom, where he found that his mother was hanging from the ceiling fan. He immediately ran and told his grandmother to see what mummy had done. His grandmother stood at his parent's bedroom door, saw his mother and immediately turned back. He told his grandmother to telephone his father immediately on which she told him that he should do at his own.

6. PW1 has further stated that he called his father from his home telephone on telephone number 9810154922. He told his father to come home immediately. His grandmother(Dadi) took the phone from his hands and told his father to come home immediately as his mother for the 2nd time has hung herself. His father came home after 12 State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 5 of 82 minutes. His father and driver Amarjeet Bhaiya cut the rope, from which his mother was hanging and sprinkled water on the face of his mother after bringing her down. His father called up Sanjay Mamu and then his father, Sanjay Mamu and driver Amarjeet Bhaiya took his mother to hospital. Thereafter, his father, Sanjay Mamu and Amarjeet Bhaiya brought back his mother from the hospital. After that they started making telephone everyone. He went to his grandmother's room and started having biscuits. He has further stated that his Nana, Bobby Mama whose real name is Rahul and Nani came to his house. His Mama saw his mother lying on the bed. His Mama Rahul started beating his father. His father went to bedroom. His mama followed his father there and continued to beat him there. His father went to Dadi's room and started crying. Thereafter, he (PW1) went to his neighbours house and started playing with the children there.

7. PW2 Naresh Kumar Shiv has stated that his daughter Parul was married with accused Madhur in accordance with the Hindu Rites on 23.01.1998. The marriage was performed at Surya Hotel, Rajouri State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 6 of 82 Garden. It was an arrange marriage. His daughter went to her matrimonial home at G9, Kirti Nagar, New Delhi. He gave everything to her daughter at the time of her marriage beyond his capacity. He has three children i.e. Parul/daughter, Rahul/son and Payal/daughter. His daughter and accused Madhur went to Goa for honeymoon. After sometime, his daughter was harassed by accused Madhur and his parents. Sunny Malhotra, who is the brother of accused Madhur Malhotra was residing at Hon Kong at the time of marriage of her daughter. Sunny was not residing with his parents. However, he came to settle with accused persons after the death of his father.

8. PW2 has further stated that he alongwith his family was residing at Dubai before the marriage of her daughter Parul. They shifted to India in 1996. After sometime, accused Madhur and his mother started harassing his daughter. They used to taunt his daughter as to what her parents had given her and she belonged to the family of kanglas. The accused persons were not satisfied with quantity and State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 7 of 82 quality of the dowry given at the time of marriage. After 23 years, accused Madhur appointed a secretary Sangeeta at his office, where he was doing the business of interiors and flowers. Accused Madhur was doing the business at M9, Kirti Nagar, Delhi. After 3 - 3 ½ years, since the marriage of her daughter, the brother of accused Sunny Malhotra alongwith his family came from Hongkong to India. Sunny Malhotra started living with accused persons. Thereafter, all of them started harassing her daughter. Accused Madhur put all kinds of restrictions on her daughter.

9. PW2 has further stated that his son in law used to tell her not to wear jeans and tops and also used to restrict her from going outside. He used to say that in case she wanted to go out, she should only go with his mother in law and no alone. Also he did not allow her to stand outside in the balcony, which was facing the park or talk to the neighbors.

10. PW2 has stated that around 20042005, accused and his State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 8 of 82 secretary Sangeeta started having love affair. Whenever his daughter objected to their affair, she was beaten by her husband and motherin law. The accused's mother told the accused that he should leave his daughter and get married to Sangeeta. The accused Madhur started casting aspersions on the character of his daughter, whenever she used to talk to young male relatives. Whenever she used to speak to her young male relatives, he used to object as to why she was talking to them. After the death of Prem Malhotra/father of the accused, both brothers namely Sunny Malhotra and accused Madhur Malhotra divided the property of their father and started living separately. Sunny Malhotra with his family started living separately at Faridabad. Sunny Malhotra left his family and started coming to the house of the accused Madhur Malhotra. Sunny Malhotra used to instigate the accused persons and when the quarrel started with his daughter, he used to abuse his daughter also.

11. PW2 has further stated that accused Madhur used to harass his daughter by not paying the school fees in time and has not given State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 9 of 82 money to his daughter. His daughter used to visit his house and used to tell him that since past three years, accused had started giving her less money for her expenses. He gave approximately 45 lacs to his daughter for bearing the expenses on above accounts.

12. PW2 has further stated that on the Saturday, prior to 22 nd of July 2009 (when his daughter committed suicide), his daughter telephonically informed him that the accused Madhur and his mother were again fighting with her. She also told him that she was henceforth not allowed to use the landline and that in case, he wanted to speak with her, it would be with the permission of the accused Madhur only on his mobile. He called up accused Madhur on the same day on his mobile, but he refused to listen to him and became abusive. His daughter also told him that past 2 years, accused Madhur was sleeping separately in the bedroom of his mother. He only came to sleep with her occasionally and even on those occasions, accused Madhur was physically and verbally abusive towards her. Also past 2 3 years, accused Madhur was eating his meals with his mother, who State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 10 of 82 was cooking separately only for him and herself while his daughter in the same kitchen was cooking herself and for her two children. On the cupboards containing the ration, locks had been put by the motherin law of his daughter. His brotherinlaw namely Sanjay Nijhawan called up and informed to his wife namely Geeta Shiv about his daughter committed suicide.

13. PW2 has further stated that on Saturday dated 18.07.2009, his daughter Parul made telephone call to him and told that her husband/accused Madhur was quarreling with her. His daughter Parul gave telephone to her husband/accused Madhur and he (PW2) talked to him(accused Madhur). He tried to make him (accused Madhur) understand but he/accused abused him and switched off the phone. On the same day in the evening hours, they reached at the house of his daughter Parul. Accused Madhur opened the door of the balcony and called his daughter Parul.

14. PW2 has further stated that he asked his daughter as to why the State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 11 of 82 quarrel had taken place. His daughter told him that they were again talking about dowry. His daughter informed him that in the quarrel she objected to Sangeeta. He also inquired from the accused as to why he had appointed Sangeeta in his office. The accused replied that it was his wish as to whom he should employ. Accused told his daughter that the two children were also not his children. Thereafter, accused started abusing them and they left the house of the accused as his daughter told them to leave the place as she would handle the situation.

15. On 22.07.2009, his wife received telephone call from Sanjay Nijhawan that his daughter had committed suicide. They reached at the house of their daughter. The belongings of the house of his daughter were found scattered. The body of his daughter was lying on the bed. His wife made telephone call to the police. Police came there and started investigating the matter and search of the house was conducted. Police found 34 letters in search of the house of accused Madhur. He saw the letters and told to the police that those letters State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 12 of 82 were in the handwriting of his daughter Parul. Police took the accused Madhur and his mother from there as the relatives were abusing each other. The police removed the dead body of his daughter to the hospital. He alongwith his relatives went to PS Kirti Nagar. At P.S. Kirti Nagar, his statement Ex.PW2/A was recorded. Three letters dated 24.05.2008, 18.04.2008 and one undated letters were seized vide seizure memo Ex.PW2/B. These letters were seized from the house of accused Madhur. One more letter written by his daughter was recovered from her house which was also taken by the police. At the time of the postmortem of his daughter, one suicide note was also found in her possession, which was seized by the police. After some days, police came to him and asked to produce the admitted handwriting of his daughter. On 13.08.2009, he gave two diaries and certificate pertaining to ITL Public School, which contained the admitted handwriting of his daughter and the same was seized vide seizure memo Ex.PW2/C. State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 13 of 82

16. PW2 has further stated that the suicide note dated 22.07.2009 of his daughter is Ex.P1, letter dated 18.04.2008 written by daughter is Ex.P2, letter dated 24.05.2008 written by his daughter is Ex.P3, one undated letter written by his daughter is Ex.P4 and one letter dated 12.04.2008 written by his daughter is Ex.P5. All the Ex.P1 to Ex.P5 bear the signatures of his daughter Parul.

17. PW2 has further stated that he had given six documents i.e., ITL Public School academic performance profile 200405 in the name of Muskan Malhotra, first internal assessment of Muskan, second internal assessment of Muskan, third internal assessment of Muskan, annual examination 2004/05 class scholastic achievement and annual assessment 2004/05 class scholastic achievement to the police as bearing the admitted signatures of Parul Malhotra are exhibited as Ex.P8 collectively.

18. PW3 PSI Krishan Gopal has stated that on 23.07.2009, while he was posted as MHC(M) at P.S. Kirti Nagar, S.I. Manoj Kumar had deposited one State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 14 of 82 Vicera duly sealed with the seal of DFMT DDU hospital alongwith sample seal and one sealed parcel sealed with seal of MK containing pieces of Chunni. He made relevant entries in the register No.19 at serial No.2729 Ex.PW3/A.

19. PW3 has further stated that on 21.08.2009, viscera alongwith sample seal were sent FSL, Rohini through S.I. Manoj Kumar vide RC No.29/21/09 Ex.PW3/B.

20. PW3 has further stated that on 21.08.09, the documents i.e. suicide note, 3 letters dated 18.04.08, 24.05.08 and one without date, one letter 12.04.08 and 2 diaries with 6 academic performance profile of ITL Public School were sent to FSL, Rohini through S.I. Manoj Kumar vide RC No.28/21/09 Ex.PW3/C. On 25.03.10, one FSL result was received by MHC(M) H.Ct. Ghanshyam and he made entry in this regard in the register No.19. The result was handed over to SI O.P. Mandal, IO of the present case.

State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 15 of 82

21. PW4 Smt Gita Shiv has stated that her daughter Parul was married to Madhur Malhotra in accordance with Hindu Rites on 23.01.1998. It was an arranged marriage, which was performed at Suriya hotel, Rajouri Garden. His daughter' matrimonial home was at G9, Kirti Nagar, New Delhi. After some days, his daughter and accused Madhur Malhotra went to Goa for honeymoon. After the honeymoon, when she came to Delhi, some differences arose between them. She told her that the accused Madhur and his mother are expecting much more dowry than given by them. They had come to India from Dubai about 2 year before her marriage. Her daughter was harassed and taunted for the quality of the dowry articles. They pacified their daughter by saying that initially adjusting in the new house takes time. They also made accused Madhur Malhotra understand and adjust with Parul Malhotra but accused Madhur Malhotra kept on arguing that the dowry articles given by them were not sufficient. They also told him that they had taken the dowry articles beyond their capacity and limit. It was the first marriage in their family and they had given dowry articles beyond their State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 16 of 82 capacity but accused was not satisfied with the dowry articles. Accused was demanding more and more dowry articles from them. They told him that they had to marry two other children. They assured him that they would give articles as per his expectation but it would take time. Her daughter Parul Malhotra became pregnant in the same year. They made accused Madhur Malhotra and her daughter to understand as her daughter was on the family way. Her daughter suffered all cruelties in the hope that better sense will prevail on the accused persons but the accused did not mend his ways in harassing her daughter for his demands. The father of accused Madhur Malhotra was residing with his family at G9, Kirti Nagar since the marriage of her daughter.

22. PW4 has further stated that her daughter was harassed by the accused persons for money. Sometimes they fulfilled his demand by paying Rs.50,000/ sometimes they made payment of Rs.1 Lakhs. Thereafter, he leveled allegations against the character of her daughter. The accused Madhur Malhotra was not of a good character as he was having illicit State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 17 of 82 relations with one of his employee namely Sangeeta, who was working in his office. Accused Kiran Malhotra used to instigate accused Madhur Malhotra to leave Parul Malhotra as she is from poor family (Kangon ke ghar se ayee hai). Her daughter was not allowed to stand in the balcony and even her mobile phone was taken away by the accused persons so she could not talk to them. Her daughter used to make telephone calls to her through landline. The accused persons used to quarrel with her daughter daily and they used to give beatings to her daughter on every such occasion. Her daughter Parul came to her house and stayed there for about 3 months and when she accompanied her to her matrimonial home, there the accused persons quarreled with her and even accused Madhur Malhotra assaulted her.

23. PW4 has stated that on 22.07.2009, she received a telephone call from her brother namely Sanjay Nijawan that her daughter had committed suicide. On the Saturday falling before 22.07.2009, her daughter made a call from husband's mobile on her mobile and informed her that the accused persons State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 18 of 82 were abusing her and quarreling with her. Her daughter told her that if she want to talk her, she should make a telephone call on the mobile of accused Madhur Malhotra as she was strictly prohibited to talk to her on the landline. She requested her daughter to hand over the mobile phone to accused Madhur Malhotra as she wanted to talk to him. She talked to accused Mahur Malhotra. She tried to make him understand but he abused her and disconnected the phone. On the next day, i.e. on Sunday, prior to 22.07.2009, she alongwith her husband went to the house of the accused persons. They were not allowed to enter in the house. Her daughter came to the gallery. There accused persons came and started abusing them. Her daughter advised them to go home and said that she will handle the situation herself. Thereafter, they came back to their house. Neither her daughter made any call nor they made any contact to her. After receiving the telephone call from her brother Sanjay regarding the suicide of her daughter, she alongwith husband went to the house of the accused persons. There she saw the dead body of her daughter lying on the bed. The accused Madhur Malhotra, his mother Kiran Malhotra and driver Amarjeet were present at State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 19 of 82 the house. They noticed that the household articles were scattered. They could make it out that some fight had taken place. She made a call at 100 number to the police. Police reached at the spot and they started searching the house. From the cupboard of the house of the accused, 34 letters, which were written by her daughter were found. Police took the possession of the same. In the evening hours, accused persons were taken by the police. Body of her daughter was removed to the mortuary. On the next day, postmortem was conducted and the doctors handed over one suicide note of her daughter to the police. All the 0304 letters, which were recovered from the house of the accused and one suicide note was given by the doctors at the time of postmortem were in the handwriting of her daughter. She identified the suicide note dated 22.07.2009 and letters dated 18.04.2008, 24.05.2008, an undated letter and letter dated 12.04.208, in the handwriting of her daughter as Ex.P1, Ex.P2, Ex.P3, Ex.P4 and Ex.P5 respectively.

24. PW4 has further stated that her daughter was harassed to the extent that she had taken a drastic decision of committing suicide. She believed that State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 20 of 82 this is not an easy decision to be taken for a mother. The cause of the suicide is harassment by the accused persons.

25. PW5 HC Bhaghat Ram has stated that on 22.07.2009, while he was posted at P.S. Kirti Nagar as Head Constable. He was on emergency duty with SI Manoj Kumar. On receipt of DD No.19A Ex.PW5/A at about 2 p.m. regarding strangulation by a woman, he alongwith SI Manoj Kumar reached at the place of occurrence i.e. I19, Second Floor, Kirti Nagar, Delhi they found a woman namely Parul Malhotra W/o Sh. Madhur Malhotra aged about 30 years lying on the bed there. She was having mark of strangulation on her neck. Parents of deceased were already present there. SI Manoj called photographer and crime team at the spot and recorded statement of father of deceased namely Naresh Kumar Shiv and prepared a rukka and handed over the same to him for getting a formal FIR registered at P.S. Kirti Nagar. He came back at the spot alognwith copy of FIR and original rukka after getting a formal FIR registered at P.S. Kirti Nagar. He handed over copy of FIR and original rukka to SI Manoj Kumar. During search of State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 21 of 82 almirah of the room adjoining to the room, where the dead body was lying, three letters were found, out of which, two were dated and one was undated. All three letters Ex.P2, P3 and P4 were seized vide seizure memo Ex.PW 2/A.

26. PW6 Sh. Rahul Shiv has stated that Parul was his elder real sister who was married to accused Madhur Malhotra on 23.01.1998 according to Hindu Rites and ceremonies and after marriage she went to her matrimonial home at G9, Kirti Nagar, Delhi, where accused alongwith his brother and parents was also living. They had given sufficient dowry at the time of her marriage. From the very beginning of her marriage, her motherinlaw, husband and brotherinlaw Sunny Malhotra all used to taunt his sister 'Tu kanglo ke ghar se aai hai'. They used to torture her. They also used to doubt her character and also used to alleged that she was roaming here and there and that she was characterless lady. This they used to say inspite of the fact that accused Madhur Malhotra had illicit relationship with his secretary namely Sangeta. Whenever Parul used to visit their house, she used to complaint them about State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 22 of 82 her husband, her motherinlaw and brotherinlaw that they were harassing her for brining less dowry and that she was not given expenses for her personal meets and that she was not even being given the tuition fee of her children. Parul gave birth to two children namely Muskan and Namey, who were aged about 10 years and 6 years respectively at the time of death of Parul. His father sometimes used to give money to Parul in order to fulfill her needs. Sometimes his father gave Rs.50,000/ and sometimes Rs. 1 lakh and in total his father might have given Rs.4/5 lacs to her after marriage. Once the mobile phone of his sister was snatched from her so that she wold not be able to talk anybody. Accused and his mother even used to beat his sister and this fact used to be told by Parul on telephone as well as at the time, when she used to visit their house.

27. PW6 has further stated that on 22.07.2009, he received a telephone call from his father that Parul has expired. When he alongwith his mother reached the matrimonial house of Parul at Kirti Nagar at about 1/1.30 p.m., he saw that articles of room of Parul were lying scattered and her dead body State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 23 of 82 was lying on the bed. His mother telephone to the police at number 100 suspecting that she has been killed by the accused family members. Accused and his mother namely Kiran Malhotra (since deceased) were present. About one week prior to her death, Parul had telephoned his mother that she was being harassed by Madhur Malhotra and Kiran Malhotra by calling her characterless as well as for dowry. Police reached at the matrimonial home of Parul on 22.07.2009. Police searched the almirah of his sister Parul there and from there 34 letters written in the handwriting of Parul were recovered. Parul had died by hanging from the ceiling fan with the help of Chunni. Parts of Chunni were also found at the spot and those parts were also taken by the police.

28. PW7 Lady Constable has stated that on 23.07.2009, while she was posted as constable at P.S. Kirti Nagar, Delhi, she alongwith IO SI Manoj Kumar had gone to second floor of H.No.19, Kirti Nagar, Delhi. They met motherinlaw of the deceased accused Kiran Malhotra (since deceased) and there accused Kiran Malhotra was arrested vide memo Ex.PW7/A and she State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 24 of 82 conducted her personal search vide memo Ex.PW7/B. She took accused Kiran Malhotra to DDU hospital for her medical examination and thereafter she was sent to Judicial Custody.

29. PW8 Dr. Komal Singh, HOD Forensic has stated that on 23.07.2009, while she was posted at DDU Hospital as Head of Department in Department of Forensic Medicine, she conducted postmortem on the body of Smt. Parul Malhotra W/o Sh. Madhur Malhotra aged 30 years female with the alleged history of hanging at residence on 22.07.2009 at about 2.00 p.m. and a suicide note was found, in which deceased alleged torture by her husband and inlaws. The dead body was brought by SI Manoj Kumar of P.S. Kirti Nagar. She started postmortem at about 11.00 a.m. and finished at 12.45 p.m.

30. PW8 has further stated that on examination, rigor mortis was present in all the limbs. Postmortem libidity (PML) was present on back, palm and nails were cyanosed. Both the eyes of deceased were opened and conjectiva State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 25 of 82 was congested and mouth was closed. Fecal incontinence was present. No external injuries present all over the body except the ligature mark present over anterior part of the neck. Total circumference of the neck was 34 cm and ligature mark was a band of 31 cm X 22.5 cm below the chin and 8 cm X 4 cm below right mastoid and left mastoid. It was placed 10 cm above the upper border of sterna, which encircled the whole of neck except the right lateral side of neck for 3 cm. The ligature mark started from anterior part of the neck going obliquely on both the sides towards the posterior hair line which was dry, leathery, parchmentised and chocolate red in colour.

31. PW8 has further stated that on internal examination, brain was congested and oedmatous. On internal examination of neck, the tissue under the ligature mark were white, glistening, posterior surface of cricoid cartilage approximately 1.5 ml of clotted blood. All cartilages were intact. Lower rings of trachea were congested and trachea lumen had 3 ml of frothy secretion. On internal examination of chest and abdomen, all the organs were found congested. The stomach contained 100 ml of greenish yellowish State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 26 of 82 fluid with identifiable potato. The blood and viscera of deceased was preserved, sealed and handed over to the I.O.

32. PW8 has further stated that the cause of death in her opinion was asphyxia due to constricting force over the neck produced by ante mortem ligature handing and at the time of preparing postmortem report, she had reserved her opinion regarding manner of death as viscera report was not available at that time. The time since death was approximately 24 hours. She handed over the original postmortem report prepared by her to the I.O. vide receipt on the back of the carbon copy of the postmortem report Ex.PW 8/A, which was in her handwriting and bearing her signature and photocopy of the receipt of postmortem report by I.O. is Ex.PW8/B and viscera report of FSL is Ex.PW8/C and as per this report, since viscera and blood shows absence of any poison, the manner of death is of suicidal nature.

33. PW9 Sh. Sanjay Nijhawan has stated that Parul Malhotra was the daughter of his Bua namely Smt. Geeta Shiv. The deceased was married State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 27 of 82 with accused Madhur Malhotra in the year 1998. The couple was blessed with two children i.e. one boy and one girl. After marriage, deceased was staying at her matrimonial home at I19, Kirti Nagar, Delhi with accused Madhur Malhotra and his mother namely Kiran Malhotra. Elder brother of accused Madhur also used to visit the matrimonial home of deceased. After marriage, the behaviour of her husband and inlaws of deceased was not good towards her and this fact was told to him by the deceased herself. He had also intervened in the matter several times and had tried to make both accused and deceased understand and not to quarrel with each other. Accused Madhur used to make allegations against the deceased sometimes for standing in balcony. Accused also used to make demand of money from the deceased. Once deceased had told him that she suspected that her husband i.e. accused was having some illicit relations with one of his employee namely Sangeeta. That time also, he had gone to the matrimonial home of the deceased to make accused and deceased understand. Parul died on 22nd day of the year 2009. About one year prior to her death, deceased had given him a letter by hand which is Ex.P5 dated 12.04.2008. After State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 28 of 82 reading the said letter, he counselled the deceased and told her not to take any step. He also tried to make accused understand to mend his ways but accused did not mend his ways and kept on abusing the deceased.

34. PW9 has further stated that on the day of death of deceased, accused had telephoned him that deceased was doing some drama. When he reached at the matrimonial house of the deceased, he found deceased lying on the bed. He tried to revive her by massaging her feet but she did not respond. Accused alongwith one of his employee namely Amarjeet and his mother was already present there. Accused called one doctor in his presence on telephone and one Babaji from Mandir. That doctor advised deceased to be taken to hospital. He telephoned mother of deceased. The parental family of deceased reached at the matrimonial home of the deceased and mother of the deceased namely Geeta Shive telephoned police. Police reached there. He had handed over the letter Ex.P5 to the police on the day of death of deceased and police seized the same vide seizure memo Ex.PW9/A. State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 29 of 82

35. PW9 has further stated that from the very inception of the marriage of the deceased with accused, accused had been torturing the deceased that parents of the deceased had given old and inferior quality material in the dowry and every time deceased used to be harassed by accused persons, deceased used to bring money from her parents. He also came to know that parents of the deceased had already given Rs.34 lacs after marriage on demand of accused persons and that inspite of that, accused had been demanding more and more money from the deceased on one pretext or other. Accused even used to beat the deceased and also used to level allegations on deceased being characterless and on this, quarrel used to take place. The deceased died due to harassment of accused partly due to allegations of her having bad character and partly due to demand of more dowry. About 45 days prior to the death of deceased, deceased had called him from the telephone of accused that she had been beaten up by the accused and that whenever he wanted to talk to her, he should telephone on the telephone of accused and not on the phone of deceased as accused was quarreling with her on this issue also and that accused had broken her mobile phone also. He State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 30 of 82 consoled her at that time also and told her that he would telephone on the phone of accused. Deceased also used to complain him that whenever her brotherinlaw namely Sunny Malhotra @ Jaideep (P.O.) used to visit the matrimonial home of deceased, there used to be quarrel between accused and the deceased and once quarrel was initiated by accused Sunny Malhotra @ Jaideep and accused Madhur Malhotra.

36. PW10 WHC Veena has stated that on 22.07.09, while she was working as duty officer from 8.00 a.m. to 4.00 p.m, at about 2.20 p.m. received a PCR call from wireless operator that a woman had committed suicide by hanging herself at H.No.I19, Second Floor, Kirti Nagar, Delhi. She recorded this information vide DD No.19A Ex.PW5/A.

37. PW10 has further stated that on that day at about 2.30 p.m., she again received a PCR call from wireless operator regarding the killing of their daughter by her inlaws at H.No.I19, Second Floor, Kirti Nagar, Delhi and she recorded this information vide DD No.20A Ex.PW10/A. This DD was State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 31 of 82 marked to I.O./S.I. Manoj Kumar, who went to the spot.

38. PW11 Lal Babu Pandey has stated that while he was running a photography shop in the name and Style of Pandey Studio. In the month of July 2009, he was called by the police officials of P.S. Kirti Nagar, Delhi at IBlock, Kirti Nagar, Delhi. On reaching there, police officials met him and on their directions, he clicked 6 photographs Ex.PW11/A1 to A6 of the spot, i.e. one female was lying dead on the bed, from digital camera.

39. PW12 Inspector Manoj Kumar is the investigating officer of this case who has stated that on 22/07/2009, while he was posted at PS Kirti Nagar, he received DD No. 19A Ex PW5/A and 20A Ex PW5/B. On the basis of the DD, he reached at the place of incident i.e., I19, 2nd Floor, Kirti Nagar, Delhi and found that a deadbody of a lady was lying on the bed. He also noticed ligature marks on the neck of the dead body. He inspected the site. Father of the deceased Sh. Naresh Kumar Shiv also met him there and he recorded his statement Ex PW2/A. HC Bhagat Singh was also with him at State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 32 of 82 the spot. He made his endorsement Ex PW12/A. Rukka was handed over to HC Bhagat Singh for registration of the FIR. Crime Tdeam was also called at the spot, who inspected the site and took the photographs. Private photographer also took the photographs at the spot. The photographs which were taken by the private photographer are Ex PW11/A1 to Ex PW11/6 and these are the photographs of the dead body and the site. He prepared the site plan Ex PW12/B on the pointing out of the complainant. In the meantime, HC Bhagat Singh reached at the spot from police station and handed over the copy of FIR Ex PW12/C and original rukka to him. He again inspected the site, where he found an almirah, from where, three letters Ex P2, P3 and Ex P4 were recovered. The complainant informed him that these letters were in the handwriting of his deceased daughter Parul Malhotra. He had gone through the contents of the letter in which the deceased has narrated her agony.

40. PW12 has further stated that one Sanjay Nijhawan, cousin brother of deceased has also produced a letter, which was written by Parul Malhotra State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 33 of 82 to Sanjay Nijhawan. The said letter Ex P5 was taken into possession. Seizure memo of three letters recovered from the almirah is Ex PW2/B. Seizure memo of the letter produced by Sanjay Nijhawan is Ex PW9/A. Accused was interrogated and thereafter arrested in this case vide Ex PW12/D. Thereafter personal search of accused Madhur Malhotra was conducted vide memo Ex PW12/E. Accused Kiran was also arrested in this case, who had died during trial and he prepared the inquest paper and the dead body was sent to mortuary DDU Hospital. Form 25 is Ex PW12/F1 and the statement of Rahul Shiv regarding the identification of dead body is Ex PW12/F2 and another statement of identification of dead body by Naresh Kumar is Ex PW12/F5.

41. PW12 has further stated that on the next day, postmortem was conducted by the doctor and after the postmortem, dead body was handed over to the family members of the deceased vide memo Ex PW12/G. After the postmortem, the doctor handed over him the viscera related to the deceased, suicide note and chunni. The details of suicide note was State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 34 of 82 mentioned by the doctor in the postmortem report that is why no separate seizure memo of the said suicide note was prepared. Seizure memo of viscera box duly sealed with the seal of DFMT DDU hospital and the sample seal is Ex PW12/H. Seizure memo of chunni is Ex PW12/J. Thereafter, he reached at the police station. The exhibits were deposited with the MHC(M). Accused was produced in the court and was sent to the judicial custody. Suicide note is Ex P1.

42. PW12 has further stated that during investigation, he collected the admitted handwriting of deceased from the father of deceased. Academic performance profile of ITL Public School is Ex PW12/K, diary is Ex PW12/L and another diary is Ex PW12/M. These documents were taken into possession vide seizure memo Ex PW2/C bearing his signatures. The seizure memo was also signed by Naresh Kumar Singh at the time, when he handed over him these documents. During investigation, viscera, admitted handwriting and four letters alongwith the suicide note were sent to FSL for scientific opinion and collected the FSL reports. The FSL report State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 35 of 82 regarding the handwriting is Ex PW12/N and the viscera report is Ex PW8/C.

43. PW12 has further stated that during investigation, chunni, which was handed over to him by the doctor after the postmortem was converted into a sealed pullanda was sealed with the seal of MK and the same was taken into possession vide seizure memo Ex PW12/J. He had identified the chunni Ex PW12/PX, which was handed over to him by the doctor. He has further stated that he had taken the custody of the chunni at the spot and on the next day, chunni was produced before the doctor for his opinion and thereafter the chunni was sealed with the seal of MK and so long as exhibits remained in his custody, same were not tampered with by him or anyone else. He had recorded the statement of witnesses. After completion of investigation, he filed the challan before the court.

44. PW13 Sh. Devak Ram has stated that on 21/08/2009, while he was posted in FSL Delhi as Senior Scientific Officer (Documents), the State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 36 of 82 documents were received in his laboratory vide memo no. 1486/SHO Kirti Nagar. The questioned documents are marked as Q1 to Q9 and the admitted Hindi/English writings and signatures are marked as A1 to A39 of deceased Parul Malhotra. He examined the documents with the help of available instruments in his laboratory and gave his opinion that the person, who wrote red enclosed writings and signatures stamped and marked A1 to A39 also wrote the red enclosed writings and signatures, similarly stamped and marked as Q1 to Q9. The detailed reasons have been mentioned in his report Ex PW12/N, running into three pages, bearing his signatures on each page. The questioned documents are Ex P1 to Ex P5 and admitted writings are Ex PW13/A1 to Ex PW13/A39. After examination, the case report and documents were collected by the authorized messenger of PS Kirti Nagar.

45. PW14 SI Vikram Singh is duty officer of present case, who had deposed that on 22/07/2009, while he was working as duty officer at PS Kirti Nagar, he had received a rukka through HC Bhagat Ram sent by SI State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 37 of 82 Manoj Kumar at around 4.20 pm and recorded the FIR Ex PW12/C of the present case and made his endorsement Ex PW14/A on the rukka.

46. Statement of accused u/s 313 Cr.P.C was recorded separately, wherein he wants to lead defence evidence.

47. In defence, accused has examined 24 witnesses.

48. I have heard Ld. Addl. PP for State assisted by ld. Counsel for complainant, ld. Counsel for accused and have gone through the record of this case.

Findings qua offences u/s 498A of IPC and 306 of IPC

49. This case was registered on the statement of Sh. Naresh Kumar Shiv who made allegations against the accused persons about the physical and mental torture caused to his daughter for demand of dowry. His complaint is Ex PW2/A, and on the basis of which, rukka was prepared Ex PW12/A and case under section 498A/306/34 IPC was registered as his daughter had committed suicide.

State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 38 of 82 Deceased Parul Malhotra left behind 34 letters. In search of the room of the deceased, three letters were recovered, which were seized vide memo Ex PW2/B. One letter was produced by one Sanjay Nijhawan, maternal uncle's son of deceased and the same was seized vide memo Ex PW9/A. One suicide note was also recovered during postmortem of deceased, wherein deceased alleged that her cause of death is her mother in law, brother in law and her husband. The above referred letters and suicide notes have reproduced verbatim as under:

" मम अपनन जजज दगन सस बहहत परस शशन हह । मह झस आज तक कभन खह शन नहन जमलन। जब बचचस थस मह झस मशह बशप हमस शश कहतस थस कस तह म बडस हह ऐसश मत करह, यस मत करह, वह मत करह, बडस हहए तह सबसस पहलस जबनश पहछस अपनन मजनर सस शशदन करशदन जब कन मम मनश करतन रह गई। मह झस वह जबलकहल नहन पसनद थश। वह न पसनद हहनश आगस मस रन एक गलतन हह गई। मह झस इस आदमन नस जबलकहल पयशर नहन जकयश जज सस कन आदमन कह अपनन औरत सस करनश चशजहए। मम सशरन जजज दगन तडपतन रहन कन मह झस कब पयशर जमलस गश। अब एक औरत जजसस पयशर कस अलशवश और कहछ न आतश हह जहजक अपनस घर कस हर एक बनदस सस थश कहई भन जह उसकश दहसत हह उससस इतनश पयशर करतन हह वह कयश इससस पयशर नहनज करस गन। इसनस मह झस हमस शश तज ग जकयश हज और मस रस घर वशलह नस मह झस हमस शश दबशयश हज । अब इसमम मस रन कयश गलतन हज । जब जकसन कह कहनज सस भन पयशर नहन State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 39 of 82 जमलस गश तह वह कयश करस गश मज नम अगर जकसन सस बशत करन तह जसरर अपनन भडशस जनकशलनस कस जलए न जक जकसन intension सस मह झस इसनस शह र सस बहहत तज ग जकयश हहआ थश। मह झस अगर कहछ हह जशए तह मस रस बचचस न तह उसकस father कह और न हन उसकस नशनशनशनन कह जदए जशए। जसरर मस रस Bhaiya (Sanjay) कह जदए जशए और अगर वह भन न सज भशल पशए तह इनहम अनशथ आशशरम भस ज जदयश जशए पर इन लहगग कह नहन। 12/04/2008 Bhaiya Madhur मह झस बहहत गलत बहलतश हज । मह झस और आपकह गशजलयशह जनकशलतश हज । मह झस phone नहन करनस दस तस मह झस Balcony मम नहनज जशनस दस तस। दरवशजश Lock करकस बशहर जशतस हम । सशरस घर जक सरशई पहहचश करतन हह । बरतन भन रहज करतन हह । बचचग सस और मस रस सस बशत नहनज करतश। बज सस हन पहलस वशलश routine हज । मशह हन सब कहछ करतन हज । चशय, खशनश, सहनश सब कहछ उसन कस सशथ हहतश हज । यहशह तक जक दरवशजस कन Bell बजतन हज तह वह भन मह झस खहलनश aloud नहनज हज । sunny यहशह नहनज हज । उसस कल almost एक हरतश हह जशएगश। वह literally कल मस रस सशथ लडश थश और आपकह भन गशजलयम जनकशल रहश थश। बचचग कन fees अभन तक जमश नहनज करशई। सह बह बचचग कह stop पर नहनज सनधश school छहडनस जशतश हज । और उसकस बशद घर वशजपस नहनज आतश हज । सनधश रशत कह 9.00 बजस तक। रहज रशत कह बचचग कस कमरस मम बस ठकर cigaratte पनतश हज । मज नस कल मनश जकयश तह मस रस सशथ लडशई करनस लगश और कहनस लगश जक तह ककन हहतन हज बहलनस वशलन मम जह मजनर करह।

Parul Malhotra 22/7/09 State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 40 of 82 18/4/08 मह झस अपनन जजज दगन सस जह चशजहयस वह मह झस कभन नहनज जमलश। मम अपनन जनवन सस बहहत परस शशन हह । मह झस कभन जकसन नस पयशर नहनज जकयश। मस रस पजत नस भन नहनज। जसरर मह झस use जकयश हज । जब जदल जकयश use जकयश नहनज तह रमक जदयश like a napkin। ऐसश कयग हहतश हज जजससस तह म पयशर करतस हह अपनन जजज दगन दस तस हह, अपनश घर, पजरवशर सब कहछ उसकस जलयस छहड कर आतस हह वह तह महशरस सशथ ऐसश करस , तह feel हहतश हज । कशश भगवशन नस इसस एक औरत बनशयश हहतश तह इसस पतश चलतश कन ददर कजसस हहतश हज । मम कयश करह मह झस कहछ समझ नहन आतश मस रस दह मशसहम छहटस वचचस हज उनकश कयश कसहर हज । वह तह उनसस भन पयशर नहनज करतश। मज नम कभन उसकश बह रश नहनज चशहश लस जकन वह मह झस समझ नहन पशयश। उसनस मस रस सस इतनस सशरस खत जलखवशएह मज नस जलख जदयस कयगजक मम उससस पयशर करतन हह और उसकस सशथ रहनश चशहतन थन। मह झस सशरन दहजनयश नस मनश जकयश कन वहशह मत जश तस रश जननश मह जशकल हह जशएगश लस जकन मम जरर भन आई अपनस बचचग कस जलए और शशयद मह झस लगश जक वह मह झसस थहडश पयशर करतश हहगश कयगजक वह मस रस सस जकतनस घज टह phone पस बशत करतश थश जब मम अपनन Mummy कस घर रह रहन थन और जमलनस भन आयश लस जकन मम गलत थन। यस इनसशन सस शज तशन बन चह कश हज । पहलस तह गज दश थश अब बतर हह चह कश हज । इसकन मशह और भशई नहनज चशहतस कन हम इकटश ठस रहस आज जब हमशरन लडशई हहई तह इसकन मशह नस Sunny कह phone करकस कहतन हज जक मम नहन चशहतन कन यस लहग इकटश ठस रहम । तह घर आकस Madhur कह समझश इसनस मह झस मस रन ह रग कश जकसन बस कसहर कश जदल बहन कह शशदन पर जशनस सस भन मनश कर जदयश हज । जह दस दहखशतस हज उनहस कभन खह शन नहन जमलतन।

State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 41 of 82 इसनस मस रस सस खशलन paper sign करवशए हम जबरदसतन जहजक एक stamp paper हज । मह झस इसपस अब जवशवशस नहनज हज यस उस पर कहछ भन जलख सकतश हज । अगर मह झस कहछ हह जशतश हज तह मस रस बचचस उनकस नशनशनशनन कह दस जदयस जशए नहन तह यस लहग उनकह मशरम गस । मस रन सशस, जस ठ और पजत नस मह झस emotionally, financially, physically or mentally बहहत torture जकयश हज । अगर मह झस कहछ हहतश हज तह उसकस जजममस दशर यस लहग हगगस । मम इस घर कश सशरश कशम करतन हह । बरतन, कपडस , सरशई, झशडहज , पगचश, Dusting सब कहछ खशनश बनशनश भन यहशह तक कन कपडस press करनश, Bathroom धहनश सब कहछ मम करतन हह । जदनरशत कशम करतन हह जरर भन गशजलयम खशतन हह । हस भगवशन मस रन आपसस यह पशरशथरनश हज जक अगलस जनम मम इसस औरत जरर बनशनश। तशजक इसस पतश चलस कन जकतनश ददर हहतश हज । जब पयशर नहनज तह जनवन जकस कशम कश। मम घर सस बशहर नहनज जनकल सकतन। मह झस घर कस अनदर बनद करकस रखश जशतश हज । मम जकसन सस बशत नहनज कर सकतन। मह झस phone पर बशत नहन करनस दन जशतन। और सबसस जशदश तज ग मह झस मस रन सशस नस जकयश हज । वह अपनस आदमन कह छहडकर हमशरस सशथ रह रहन हज । लस जकन अब उसकस आदमन कन death हह गई हज । मस रश जस ठ अपनन family कह छहड चह कश हज और अब हमशरस सशथ रह रहश हज । अब इसकन बशरन हज । यस भन यहन कर रहश हज । मह झस नहन जननश। मम अपनस आपकह खतम कर दस नश चशहतन हह ।

Parul Malhotra 18/4/08 State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 42 of 82 24/5/08 मह झस मस रस ससह रशल वशलस बहहत तज ग करतस हज । Specially मस रन सशस। रहज गशजलयम हर time मस रस पर नजर रखतस हज । मह झस घर सस बशहर कहनज नहन जशनस दस तस यदन कहन भन जशनश हज तह सशस कह सशथ लस कर जशओ। जब भन घर कस जलए समशन लस कर आतस हज यहन जतशतस हज कन हमशरस पर पज सश खचर कर रहस हज । यजद घर मम लहग रहतस हज , तह खशनश तह खशएह गस उसमम जतशनस वशलन कयश बशत हज । इनहहनस मस रश सशरश Gold लस जलयश, मस रन cheque book मस रश post office A/c कश card भन। इनहहनस शरत रखन थन कन अगर मम ह न तभन यस लहग मह झस मस रन बहन कन शशदन मम जशनस दम गस जहजक 28 April कक थन। Gold दह ग उसकस बशद मस रस पजत नस मह झस Sexcually abuse करनश शह र कर जदयश। उसकस बशद हम कसवल 23 बशर पशस आए और उसनस मह झस हर बशर बह रन तरह सस नहचशज गज दन बशतस बहलन जहजक एक इनसशन नहन सह न सकतश। उसनस मस रस समबनद जकसन ओर कस सशथ हहनस पर जहर जदयश और इसनस बनदश हशयर करकस मस रस सस phone पर जबदसतन बशत करशई और इसनस मह झस रसशयश हज । इसकस एक औरत सस सज बजध हज जपछलस पशहच सशलग सस और यस हर बशर उसकन बशत कह लस कर मस रस सस लडतश रहश हज । इसकन मशह मह झस घर मम हर चनज कस जलए तज ग करतन हज । जबनश बशत कस जकसन न जकसन बशत कह लस कर पज गश लस तन हज । मस रस पजत कह भन जदनरशत कभन घर पर यश कभन रहन पर जसखशतन रहतन हज । वह भन कहतन हज जक वह लडकन ठनक हज और पढन जलखन हज और मम कहछ नहनज कर सकतन। वह इसकस office मम कशम करतन हज और वह इसकन architect और उसकश नशम Sangeeta हज और उसकस और मस रस पजत कस mobile no. मम कसवल एक no. कश रकर हज । Sangeeta 99810854922, Madhur9810154922 और मस रस सस इसनस सब कहछ छनन जलयश हज । State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 43 of 82 मम अपनस बचचग सस बहहत पयशर करतन हह लस जकन इन लहगग नस मह झस यस कदम उठशनस पर मजबहर जकयश हज । मस रस बचचस भन उनकन यस रहज कन हरकतग सस तज ग आ गए हज । मह झस कहछ हह जशए तह मस रन मकत कस जजममस दशर जसरर और जसरर यस लहग हज और मस रस बचचग कह उनकस नशनशनशनन कह दस जदए जशए। मस रन सशस बहहत गज दन हज । ऐसन औरत मज नम अपनन जनवन मसम स नहन दस खन और भगवशन ऐसन मशह जकसन कह न दस जह अपनन और अपनस बस टग कश जनवन बबशरद कर चह कन हज । मस रश घर मस रन सशस नस खरशब जकयश हज और मम इसकस सशथ नहन रहनश चशहतन।

Parul Malhotra मस रन महत कश कशरण मस रन सशस, जस ठ और मस रस पजत हज । यह लहग मह झस मशनजसक, शशरनजरक, और आजथरक तकर सस बहहत परस शशन करतस थस । मस रस बचचस उनकस नशनशनशनन कह दस जदयस जशए।

Parul Malhotra 22/7/09"

50. Accused persons have been charged for the offence u/s 498/34 IPC and 306/34 IPC. During the course of trial, accused Kiran Malhotra died, hence proceedings against her stand abated.

51. To prove the offences, as charged above, prosecution has State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 44 of 82 examined PW1 Master Namaya. He is son of accused and deceased. PW2 Sh. Naresh Kumar Shiv is father of deceased; PW4 Smt Gita Shiv is mother of deceased; PW6 Sh Rahul Shiv is brother of deceased and PW9 Sh. Sanjay Nijhawan is maternal uncle's son of deceased. They all have deposed before the court about the physical and mental torture/harassment caused to deceased Parul Malhotra by the accused persons for demand of dowry.

52. PW2 Sh. Naresh Kumar Shiv has stated that his daughter Parul was married with accused Madhur in accordance with the Hindu Rites on 23.01.1998. The marriage was performed at Surya Hotel, Rajouri Garden. It was an arrange marriage. His daughter went to her matrimonial home at G9, Kirti Nagar, New Delhi. He gave everything to her daughter at the time of her marriage beyond his capacity. He has three children i.e. Parul/daughter, Rahul/son and Payal/daughter. His daughter and accused Madhur went to Goa for honeymoon. After sometime, his daughter was harassed by accused State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 45 of 82 Madhur and his parents. Sunny Malhotra, who is the brother of accused Madhur Malhotra was residing at Hon Kong at the time of marriage of her daughter. Sunny was not residing with his parents. However, he came to settle with accused persons after the death of his father.

53. PW2 has further stated that he alongwith his family was residing at Dubai before the marriage of her daughter Parul. They shifted to India in 1996. After sometime, accused Madhur and his mother started harassing his daughter. They used to taunt his daughter as to what her parents had given her and she belonged to the family of kanglas. The accused persons were not satisfied with quantity and quality of the dowry given at the time of marriage. After 23 years, accused Madhur appointed a secretary Sangeeta at his office, where he was doing the business of interiors and flowers. Accused Madhur was doing the business at M9, Kirti Nagar, Delhi. After 3 - 3 ½ years, since the marriage of her daughter, the brother of accused Sunny Malhotra alongwith his family came from Hongkong to India. Sunny State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 46 of 82 Malhotra started living with accused persons. Thereafter, all of them started harassing her daughter. Accused Madhur put all kinds of restrictions on her daughter.

54. PW2 has further stated that his son in law used to tell her not to wear jeans and tops and also used to restrict her from going outside. He used to say that in case she wanted to go out, she should only go with his mother in law and no alone. Also he did not allow her to stand outside in the balcony, which was facing the park or talk to the neighbours.

55. PW2 has stated that around 20042005, accused and his secretary Sangeeta started having love affair. Whenever his daughter objected to their affair, she was beaten by her husband and motherin law. The accused's mother told the accused that he should leave his daughter and get married to Sangeeta. The accused Madhur started casting aspersions on the character of his daughter, whenever she used to talk to young male relatives. Whenever she used to speak to her State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 47 of 82 young male relatives, he used to object as to why she was talking to them. After the death of Prem Malhotra/father of the accused, both brothers namely Sunny Malhotra and accused Madhur Malhotra divided the property of their father and started living separately. Sunny Malhotra with his family started living separately at Faridabad. Sunny Malhotra left his family and started coming to the house of the accused Madhur Malhotra. Sunny Malhotra used to instigate the accused persons and when the quarrel started with his daughter, he used to abuse his daughter also.

56. PW2 has further stated that accused Madhur used to harass his daughter by not paying the school fees in time and has not given money to his daughter. His daughter used to visit his house and used to tell him that since past three years, accused had started giving her less money for her expenses. He gave approximately 45 lacs to his daughter for bearing the expenses on above accounts.

57. PW2 has further stated that on the Saturday, prior to 22 nd of July State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 48 of 82 2009 (when his daughter committed suicide), his daughter telephonically informed him that the accused Madhur and his mother were again fighting with her. She also told him that she was henceforth not allowed to use the landline and that in case, he wanted to speak with her, it would be with the permission of the accused Madhur only on his mobile. He called up accused Madhur on the same day on his mobile, but he refused to listen to him and became abusive. His daughter also told him that past 2 years, accused Madhur was sleeping separately in the bedroom of his mother. He only came to sleep with her occasionally and even on those occasions, accused Madhur was physically and verbally abusive towards her. Also past 2 3 years, accused Madhur was eating his meals with his mother, who was cooking separately only for him and herself while his daughter in the same kitchen was cooking herself and for her two children. On the cupboards containing the ration, locks had been put by the motherin law of his daughter. His brotherinlaw namely Sanjay Nijhawan called up and informed to his wife namely Geeta Shiv about his State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 49 of 82 daughter committed suicide.

58. PW2 has further stated that on Saturday dated 18.07.2009, his daughter Parul made telephone call to him and told that her husband/accused Madhur was quarreling with her. His daughter Parul gave telephone to her husband/accused Madhur and he (PW2) talked to him(accused Madhur). He tried to make him (accused Madhur) understand but he/accused abused him and switched off the phone. On the same day in the evening hours, they reached at the house of his daughter Parul. Accused Madhur opened the door of the balcony and called his daughter Parul.

59. PW2 has further stated that he asked his daughter as to why the quarrel had taken place. His daughter told him that they were again talking about dowry. His daughter informed him that in the quarrel she objected to Sangeeta. He also inquired from the accused as to why he had appointed Sangeeta in his office. The accused replied that it was his wish as to whom he should employ. Accused told his daughter that State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 50 of 82 the two children were also not his . Thereafter, accused started abusing them and they left the house of the accused as his daughter told them to leave the place as she would handle the situation.

60. PW2 further stated that on 22.07.2009, his wife received telephone call from Sanjay Nijhawan that his daughter had committed suicide. They reached at the house of their daughter. The belongings of the house of his daughter were found scattered. The body of his daughter was lying on the bed. His wife made telephone call to the police. Police came there and started investigating the matter and search of the house was conducted. Police found 34 letters in search of the house of accused Madhur. He saw the letters and told to the police that those letters were in the handwriting of his daughter Parul. Police took the accused Madhur and his mother from there as the relatives were abusing each other. The police removed the dead body of his daughter to the hospital. He alongwith his relatives went to PS Kirti Nagar. At P.S. Kirti Nagar, his statement Ex.PW2/A was recorded. Three letters dated 24.05.2008, 18.04.2008 and one undated letters were seized vide seizure memo Ex.PW2/B. These letters were seized from State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 51 of 82 the house of accused Madhur. One more letter written by his daughter was recovered from her house which was also taken by the police. At the time of the postmortem of his daughter, one suicide note was also found in her possession, which was seized by the police. After some days, police came to him and asked to produce the admitted handwriting of his daughter. On 13.08.2009, he gave two diaries and certificate pertaining to ITL Public School, which contained the admitted handwriting of his daughter and the same was seized vide seizure memo Ex.PW2/C.

61. PW2 has further stated that the suicide note dated 22.07.2009 of his daughter is Ex.P1, letter dated 18.04.2008 written by daughter is Ex.P2, letter dated 24.05.2008 written by his daughter is Ex.P3, one undated letter written by his daughter is Ex.P4 and one letter dated 12.04.2008 written by his daughter is Ex.P5. All the Ex.P1 to Ex.P5 bear the signatures of his daughter Parul.

62. PW2 has further stated that he had given six documents i.e., ITL State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 52 of 82 Public School academic performance profile 200405 in the name of Muskan Malhotra, first internal assessment of Muskan, second internal assessment of Muskan, third internal assessment of Muskan, annual examination 2004/05 class scholastic achievement and annual assessment 2004/05 class scholastic achievement to the police as bearing the admitted signatures of Parul Malhotra are exhibited as Ex.P8 collectively.

63. PW4 Smt Gita Shiv has stated that her daughter Parul was married to Madhur Malhotra in accordance with Hindu Rites on 23.01.1998. It was an arranged marriage, which was performed at Surya hotel, Rajouri Garden. His daughter' matrimonial home was at G9, Kirti Nagar, New Delhi. After some days, his daughter and accused Madhur Malhotra went to Goa for honeymoon. After the honeymoon, when she came to Delhi, some differences arose between them. She told her that the accused Madhur and his mother are expecting much more dowry than given by them. They had come to India from Dubai about 2 year before her marriage. Her daughter was harassed and taunted for the quality of the dowry articles. They pacified State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 53 of 82 their daughter by saying that initially adjusting in the new house takes time. They also made accused Madhur Malhotra understand and adjust with Parul Malhotra but accused Madhur Malhotra kept on arguing that the dowry articles given by them were not sufficient. They also told him that they had taken the dowry articles beyond their capacity and limit. It was the first marriage in their family and they had given dowry articles beyond their capacity but accused was not satisfied with the dowry articles. Accused was demanding more and more dowry articles from them. They told him that they had to marry two other children. They assured him that they would give articles as per his expectation but it would take time. Her daughter Parul Malhotra became pregnant in the same year. They made accused Madhur Malhotra and her daughter to understand as her daughter was on the family way. Her daughter suffered all cruelties in the hope that better sense will prevail on the accused persons but the accused did not mend his ways in harassing her daughter for his demands. The father of accused Madhur Malhotra was residing with his family at G9, Kirti Nagar since the marriage of her daughter.

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64. PW4 has further stated that her daughter was harassed by the accused persons for money. Sometimes they fulfilled his demand by paying Rs.50,000/ sometimes they made payment of Rs.1 Lakhs. Thereafter, he leveled allegations against the character of her daughter. The accused Madhur Malhotra was not of a good character as he was having illicit relations with one of his employee namely Sangeeta, who was working in his office. Accused Kiran Malhotra used to instigate accused Madhur Malhotra to leave Parul Malhotra as she is from poor family (Kangon ke ghar se ayee hai). Her daughter was not allowed to stand in the balcony and even her mobile phone was taken away by the accused persons so she could not talk to them. Her daughter used to make telephone calls to her through landline. The accused persons used to quarrel with her daughter daily and they used to give beatings to her daughter on every such occasion. Her daughter Parul came to her house and stayed there for about 3 months and when she accompanied her to her matrimonial home, there the accused persons quarreled with her and even accused Madhur Malhotra assaulted State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 55 of 82 her.

65. PW4 has stated that on 22.07.2009, she received a telephone call from her brother namely Sanjay Nijawan that her daughter had committed suicide. On the Saturday falling before 22.07.2009, her daughter made a call from husband's mobile on her mobile and informed her that the accused persons were abusing her and quarreling with her. Her daughter told her that if she want to talk her, she should make a telephone call on the mobile of accused Madhur Malhotra as she was strictly prohibited to talk to her on the landline. She requested her daughter to hand over the mobile phone to accused Madhur Malhotra as she wanted to talk to him. She talked to accused Mahur Malhotra. She tried to make him understand but he abused her and disconnected the phone. On the next day, i.e. on Sunday, prior to 22.07.2009, she alongwith her husband went to the house of the accused persons. They were not allowed to enter in the house. Her daughter came to the gallery. There accused persons came and started abusing them. Her daughter advised them to go home and said that she will handle the situation State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 56 of 82 herself. Thereafter, they came back to their house. Neither her daughter made any call nor they made any contact to her. After receiving the telephone call from her brother Sanjay regarding the suicide of her daughter, she alongwith husband went to the house of the accused persons. There she saw the dead body of her daughter lying on the bed. The accused Madhur Malhotra, his mother Kiran Malhotra and driver Amarjeet were present at the house. They noticed that the household articles were scattered. They could make it out that some fight had taken place. She made a call at 100 number to the police. Police reached at the spot and they started searching the house. From the cupboard of the house of the accused, 34 letters, which were written by her daughter were found. Police took the possession of the same. In the evening hours, accused persons were taken by the police. Body of her daughter was removed to the mortuary. On the next day, postmortem was conducted and the doctors handed over one suicide note of her daughter to the police. All the 0304 letters, which were recovered from the house of the accused and one suicide note was given by the doctors at the time of postmortem were in the handwriting of her daughter. She identified the State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 57 of 82 suicide note dated 22.07.2009 and letters dated 18.04.2008, 24.05.2008, an undated letter and letter dated 12.04.208, in the handwriting of her daughter as Ex.P1, Ex.P2, Ex.P3, Ex.P4 and Ex.P5 respectively.

66. PW4 has further stated that her daughter was harassed to the extent that she had taken a drastic decision of committing suicide. She believed that this is not an easy decision to be taken for a mother. The cause of the suicide is harassment by the accused persons.

67. PW6 Sh. Rahul Shiv has stated that Parul was his elder real sister who was married to accused Madhur Malhotra on 23.01.1998 according to Hindu Rites and ceremonies and after marriage she went to her matrimonial home at G9, Kirti Nagar, Delhi, where accused alongwith his brother and parents was also living. They had given sufficient dowry at the time of her marriage. From the very beginning of her marriage, her motherinlaw, husband and brotherinlaw Sunny Malhotra all used to taunt his sister 'Tu kanglo ke ghar se aai hai'. They used to torture her. They also used to doubt her character State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 58 of 82 and also used to alleged that she was roaming here and there and that she was characterless lady. This they used to say inspite of the fact that accused Madhur Malhotra had illicit relationship with his secretary namely Sangeta. Whenever Parul used to visit their house, she used to complaint them about her husband, her motherinlaw and brotherinlaw that they were harassing her for brining less dowry and that she was not given expenses for her personal meets and that she was not even being given the tuition fee of her children. Parul gave birth to two children namely Muskan and Namey, who were aged about 10 years and 6 years respectively at the time of death of Parul. His father sometimes used to give money to Parul in order to fulfill her needs. Sometimes his father gave Rs.50,000/ and sometimes Rs. 1 lakh and in total his father might have given Rs.4/5 lacs to her after marriage. Once the mobile phone of his sister was snatched from her so that she wold not be able to talk anybody. Accused and his mother even used to beat his sister and this fact used to be told by Parul on telephone as well as at the time, when she used to visit their house.

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68. PW6 has further stated that on 22.07.2009, he received a telephone call from his father that Parul has expired. When he alongwith his mother reached the matrimonial house of Parul at Kirti Nagar at about 1/1.30 p.m., he saw that articles of room of Parul were lying scattered and her dead body was lying on the bed. His mother telephone to the police at number 100 suspecting that she has been killed by the accused family members. Accused and his mother namely Kiran Malhotra (since deceased) were present. About one week prior to her death, Parul had telephoned his mother that she was being harassed by Madhur Malhotra and Kiran Malhotra by calling her characterless as well as for dowry. Police reached at the matrimonial home of Parul on 22.07.2009. Police searched the almirah of his sister Parul there and from there 34 letters written in the handwriting of Parul were recovered. Parul had died by hanging from the ceiling fan with the help of Chunni. Parts of Chunni were also found at the spot and those parts were also taken by the police.

69. PW9 Sh. Sanjay Nijhawan has stated that Parul Malhotra was the State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 60 of 82 daughter of his Bua namely Smt. Geeta Shiv. The deceased was married with accused Madhur Malhotra in the year 1998. The couple was blessed with two children i.e. one boy and one girl. After marriage, deceased was staying at her matrimonial home at I19, Kirti Nagar, Delhi with accused Madhur Malhotra and his mother namely Kiran Malhotra. Elder brother of accused Madhur also used to visit the matrimonial home of deceased. After marriage, the behaviour of her husband and inlaws of deceased was not good towards her and this fact was told to him by the deceased herself. He had also intervened in the matter several times and had tried to make both accused and deceased understand and not to quarrel with each other. Accused Madhur used to make allegations against the deceased sometimes for standing in balcony. Accused also used to make demand of money from the deceased. Once deceased had told him that she suspected that her husband i.e. accused was having some illicit relations with one of his employee namely Sangeeta. That time also, he had gone to the matrimonial home of the deceased to make accused and deceased understand. Parul died on 22nd day of the year 2009. About one year prior to her death, deceased State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 61 of 82 had given him a letter by hand which is Ex.P5 dated 12.04.2008. After reading the said letter, he counselled the deceased and told her not to take any step. He also tried to make accused understand to mend his ways but accused did not mend his ways and kept on abusing the deceased.

70. PW9 has further stated that on the day of death of deceased, accused had telephoned him that deceased was doing some drama. When he reached at the matrimonial house of the deceased, he found deceased lying on the bed. He tried to revive her by massaging her feet but she did not respond. Accused alongwith one of his employee namely Amarjeet and his mother was already present there. Accused called one doctor in his presence on telephone and one Babaji from Mandir. That doctor advised deceased to be taken to hospital. He telephoned mother of deceased. The parental family of deceased reached at the matrimonial home of the deceased and mother of the deceased namely Geeta Shive telephoned police. Police reached there. He had handed over the letter Ex.P5 to the police on the day of death of deceased and police seized the same vide seizure memo Ex.PW9/A. State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 62 of 82

71. PW9 has further stated that from the very inception of the marriage of the deceased with accused, accused had been torturing the deceased that parents of the deceased had given old and inferior quality material in the dowry and every time deceased used to be harassed by accused persons, deceased used to bring money from her parents. He also came to know that parents of the deceased had already given Rs.34 lacs after marriage on demand of accused persons and that inspite of that, accused had been demanding more and more money from the deceased on one pretext or other. Accused even used to beat the deceased and also used to level allegations on deceased being characterless and on this, quarrel used to take place. The deceased died due to harassment of accused partly due to allegations of her having bad character and partly due to demand of more dowry. About 45 days prior to the death of deceased, deceased had called him from the telephone of accused that she had been beaten up by the accused and that whenever he wanted to talk to her, he should telephone on the telephone of accused and not on the phone of deceased as accused was quarreling with State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 63 of 82 her on this issue also and that accused had broken her mobile phone also. He consoled her at that time also and told her that he would telephone on the phone of accused. Deceased also used to complain him that whenever her brotherinlaw namely Sunny Malhotra @ Jaideep (P.O.) used to visit the matrimonial home of deceased, there used to be quarrel between accused and the deceased and once quarrel was initiated by accused Sunny Malhotra @ Jaideep and accused Madhur Malhotra.

72. PW1 Master Namaya has stated that his mother was beaten and tortured by his father, grand mother and uncle. Her mother has committed suicide as she was beaten and harassed by them. His mother was died on 22/07/2009. Thereafter this witness has told about the facts happened on seeing the dead body of his mother.

73. In the cross examination, PW1 has stated that his father used to take him for outing to TDI Mall and that his father brought him an electronic bike and one electronic car from China. His father provided him chips to eat. His State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 64 of 82 father used to go for shopping with him. Some time, he used to drop him at bus stopHe also used to accompany his dadi for shoping. He also used to attend birthday party at Naraina and used to be accompanied by his sister Muskan. His birthday was also celebrated and all the relatives were called. His mother never attended any of the birthday of his friends. He also used to go to Rajouri Garden market with his mother and sister. So, PW1 has been cross examined at length regarding providing comfort and luxurious life to him by his father to disprove the fact that his mother was not beaten and harassed by his father, grand mother and she did not commit suicide due to beating and harassment.

74. In reference to the letters written by deceased Parul Malhotra, wherein she has stated that she used to do household work, PW1 has been cross examined, wherein he replied that a maid used to come in the morning to do jhadu pocha, clean the mandir and wash the clothes.

75. Even in defence, some witnesses have been examined. DW1 is Dr. State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 65 of 82 Rajiv Sharma. According to him, deceased was having psychological disturbance, headache, status migrainous, hyperthyroidism, trigeminal neuralgia, as per the medical report and his report is Ex DW1/A.

76. To further prove that deceased was kept well and provided good and luxurious life, DW2 Sh Gopal Krishan has been examined, who has proved the record that one Maruti 800 was purchased in the name of deceased Parul Malhotra.

77. Further, DW3 Sh. Avtar has been examined, who has prove the record of M/s Buds and Blossoms, which was proprietorship firm of deceased Parul Malhotra.

78. DW4 Sh. Deshbandhu Gosain, has produced the record of property no. K116, 3rd Floor, Kirti Nagar, Delhi, which was registered in the name of Parul Malhotra, He has produced some document of half portion of plot no. 20, South Patel Nagar, New Delhi, which was also registered in the name of State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 66 of 82 Parul Malhotra. He has also produced another record of two rooms on ground floor in property no. J9, Village Basai Dara Pur, Kirti Nagar, Delhi, in the joint name of accused and Mrs Neelam Nijhawan i.e., wife of Sh. Sanjay Nijhawan, maternal uncle's son of deceased.

79. Sh. Rajesh George Jacob has been examined as DW5, who has produced the account opening forms of Muskan, under the guardianship of accused and also in the name of Namay Malhotra under the guardianship of accused.

80. DW6 Sh. Dalbir Rai has produced the record of account no. 10333447253 in the name of deceased Parul Malhotra, which is Ex DW6/A. According to the record, two cheques of Rs 80,000/ and Rs 75,000/ were encashed and these were received by Sh. Ashok Kumar Shiv.

81. After the death of deceased Parul Malhotra, complainant party had taken the custody of children of deceased Parul Malhotra with them and it State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 67 of 82 has been stated so by PW1 that he is living with his nana, nani since he does not remember for how many days, he listen to his nana, nani. PW1 has also been confronted with the fact that accused, his dadi and uncle used to beat his mother, due to which, she committed suicide and this fact is not appearing in his statement recorded u/s 161 Cr.P.C Ex PW1/DA3.

82. As children of deceased are with the complainant party, they also filed a suit for declaration/partition as well as permanent and mandatory injunction before court. The said record has been produced by DW7 Sh. Satish Kumar. Certified copy of the same is Ex DW7/A.

83. On the other hand, accused also got registered one FIR against the complainants u/s 380/448/34 IPC at PS Kirti Nagar, certified copy of which is Ex DW8/A.

84. According to deposition of DW9 Sh. Satish Chander, one Skoda car was also purchased in the name of Parul Malhotra. State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 68 of 82

85. As per deposition of DW10 Sh. Akash Singh, accused also made his wife as nominee in LIC policy Ex DW10/A.

86. One RD account was also opened in the name of Parul Malhotra. Certified copy of which is Ex DW12/A.

87. DW13 Sh. Anil Kumar Chauhan has stated that accused and his wife used to purchase jewellery from his shop. He has produced copies of the bills Ex DW13/A (colly).

88. So, more witnesses have been examined about the purchase of jewellery for wife and obtaining the LIC policy in the name of children by accused to show that accused was taking care of his wife and his children. The account in the name of deceased and her firm have also been produced on record and proved.

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89. To counter the allegations made in the letters, written by deceased, as referred above, DW22 Sh. Amarjeet Kumar has been examined. He was employee of accused and used to do entire work including the business help, house hold work and driving. According to his statement, deceased was enjoying a good married life. He used to take Parul Malhotra to hospital, shopping malls and other places, as per directions. He also used to take the children to tuition, school, shopping etc. DW22 has further deposed that beside him, there were five other servants for household works i.e., gardening, beautician, full time maid for child care, washing and cleaning house, washing clothes and cleaning toilet. Family members of deceased also used to visit her matrimonial house. Sanjay Nijhawan also used to visit showroom regularly.

90. The handwriting of the alleged letters is not disputed and other part of investigation is also not in dispute.

91. Ld. Addl. PP for State assisted by Ld. Counsel for complainant has State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 70 of 82 filed the written submissions with the judgments relied upon.

92. According to the arguments of Ld. Addl. PP for State assisted by Ld. Counsel for complainant, weak evidence has been led by the accused. Accused has failed to explain the cause of death of deceased. It is stated that the death was suicidal is not disputed. It is further contended that DW1 Dr. Rajiv Sharma, who has given his opinion about the medical condition of deceased cannot be relied upon, as his examination is based on documents. Moreover, he does not have considerable years of practice and further he has given his opinion only in threefour cases of similar nature.

93. In respect of other defence witnesses, it is contended that DW2 Sh. Gopal Krishan has not been able to prove that Maruti 800 was newly purchased by Parul Malhotra. It is further contended that the properties were in the name of deceased Parul Malhotra but it has not been brought on record as to who is getting the benefit of the same. State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 71 of 82

94. In respect of DW22, driver of the accused, it is stated that his statement is not reliable because he has failed to prove that he was employed in their house and more so, he was not residing in the house of accused.

95. In respect of admissibility of deposition of PW1 Master Namaya, son of deceased Parul Malhotra, who has been claimed to be under the influence of complainant party and has deposed at their instance, Ld. Counsel for the complainant has relied upon the following judgments:

1. Dattu Ramrao Sakhare & Ors vs State of Maharashtra, (1997) 5 SCC 341;

2. Suryanaranana vs State of Karnataka, 2001 (9) SCC 129;

3. V.K Mishra & Anr vs State of Uttarakhand & Anr., AIR 2015 SC 3043;

4. Ashok Debbarma @ Achak Debbarma vs State of Tripura, 2014 (2) JCC 1132.

96. Section 306 IPC is reproduced as under:

"306. Abetment of suicide. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

97. Section 107 IPC is reproduced as under:

State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 72 of 82 "Abetment of a thing. A person abets the doing of a thing, who first. Instigate any person to do that thing; or Secondly. Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly. Intentionally aids, by any act or illegal omission, the doing of that thing."

98. Ld. counsel for the accused has contended that offence u/s 306 of IPC is not proved as there was no abetment, instigation or any conspiracy on the part of accused, which derived to Parul Malhotra to commit suicide.

99. In support of the same, ld. Counsel for accused has relied upon the case Kartar Singh & Ors vs Cenral Bureau of Investigation, Crl. Rev. P 188/2005, decided on 18/07/2006 by Hon'ble High Court of Delhi, wherein it has held that "Criminal - Abetment for commission of suicide - Sections 34, 107, 306 and 498 of Indian Penal Code, 1860 - X committed suicide in her matrimonial home - Petitioners are brotherinlaw and parentsinlaw and of X - Petitioners charged for the offences under Section 498/34 and Section 306/34 for subjecting X to mental cruelty and ill treating her which drove X to commit suicide - Hence, present petition - Petitioners contended that charges under Section 498 could not be made out as allegations were made against husband of X - further contended that charges under Section 306 could not be made out as State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 73 of 82 ingredients of Section 107 were not made out as there was no instigation or goading. Held, charge for offence under Section 306 not sustainable merely on allegation of harassment to deceased - Allegation of harsh and unfair treatment cannot be said that petitioners instigated, goaded or incited her to commit suicide - No evidence on record to suggest that petitioners had means read to drive deceased X to commit suicide - Charges under Section 306 set aside and charges under Section 498 remitted back to Metropolitan Magistrate for fresh consideration."

100. Ld. Defence counsel has further relied upon the case of Heera Lal & Ors vs State of Rajasthan, Criminal appeal no. 790/2017 decided on 24.04.2017 SCC, wherein it has been held that: " (ii) Having absolved the Appellants of the charge of cruelty, which is the most basic ingredient for the offence made out Under Section 498A, the third ingredient for application of Section 113A was missing, namely, that the relatives i.e., the motherinlaw and fatherinlaw who are charged Under Section 306 had subjected the victim to cruelty. Harassment is something of a lesser degree than cruelty. Assuming the presumption Under Section 113A would apply, it had been fully rebutted, for the reasons that there was no link or intention on the part of the inlaws to assist the victim to commit suicide. In the absence of this vital link, the mere fact that there was a finding of harassment would not lead to the conclusion that there was "abetment of suicide". The impugned judgment of High Court was set aside. [8], [9] and [11]"

101. Ld. Defence counsel has further relied upon the case of Gangula Mohan Reddy vs State of Andhara Pradesh, Crl. Appeal No. 1301 of 2002, decided on 05/01/2010, SC, wherein it has been State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 74 of 82 held that: "Indian Penal Code, 1860 - Section 306 - Abetment of suicide Conviction and sentence Whether sustainable? Held, "no"No evidene and material to lead to inference of accused appellant having abetted commission of suicide by deceasedDeceased undoubtedly was hypersensitive to ordinary petulance, discord and differences happening in daytoday lifeConviction of appellant set aside. The intention of the Legislature and the ratio of the cases decided by the Supreme Court is clear that in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he committed suicide."

102. Ld. Defence counsel has also relied upon the case of Sanju vs State of Madhya Pradesh, Crl. Appeal no. 572 of 2002, decided on 01.05.2012 SCC, wherein it has been held that: "Indian Penal Code, 1860 - Section 107 and 306 - Abetment and suicide - Appellant did tell deceased 'to go and die' - Itself does not constitute ingredient of instigation - Presence of mens rea is necessary concomitant of instigation. Indian Penal Code, 1860 - Section 107 - Abetment A person abets the doing of thing - If he instigates any person to do that thing - Or engages will one or more other person or persons in any conspiracy for doing of that thing - Or intentionally aids by any act or illegal omission doing of that thing."

103. Ld. Defence counsel has also relied upon the case of Amalendu Pal vs State of West Bengal, Crl. Appeal no. 2091 of 2009, decided State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 75 of 82 on 11.11.2009 SCC, wherein it has been held that: "Indian Penal Code, 1860 - Sections 498A and 306 - Cruelty to married woman - Abetment of suicide - Whether invites interference? Held, "partly" Nowhere case of prosecution that appellant had played any active role - In instigating or aiding commission of suicide by deceased - No direct evidence to show that appellant had by his acts - Instigated or provoked deceased to commit suicide - Hence, offence under Section 306 not established - However, offence under Section 498A proved against appellant - Hence, conviction of appellant under Section 306 set aside - But that under Section 498A upheld."

104. In view of above, prosecution has not been able to produce on record any evidence to the extend that the accused was having any mense rea and further he instigated the deceased, in any manner, to commit suicide. Accordingly, prosecution has failed to prove offence u/s 306 IPC against the accused, for which accused is acquitted.

105. Section 498 A of IPC is reproduced as under:

"498A Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation. For the purpose of this section, "cruelty" means

(a) any willful conduct which is of such a nature as is likely to drive woman to commit suicide or to State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 76 of 82 cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."

106. It is contended by ld. Counsel for accused that deposition of father, mother, brother and maternal uncle's son of deceased is hearsay and PW 1 Master Namaya, son of deceased, had deposed before the court against the accused under the influence of his nana, nani as since death of his mother Parul Malhotra, he is residing with them.

107. It is further contended that above witnesses have deposed about the torture and harassment caused to deceased on account of demand of dowry but not a single sentence has been written by deceased in the letters that she was harassed and tortured on account of demand of dowry, which shows that they have falsely deposed before the court, about the same.

State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 77 of 82

108. The first of such letter is undated. According to the same, deceased did not get happiness in her life. According to this letter, her marriage was performed without her consent. She was not liking the accused. She did not get love from the accused. According to this letter, she was harassed by the accused and her parents had also pressed her to live with the accused. According to this letter, if something is happened to her, then her children should not be given either to accused or her parents and should be given to Sajay Nijhawan and if he would not be able to keep them, then the children should be sent to orphanage home.

109. From this letter, it is clear that she was not agree to this marriage but her parents did not care for that and adviced her to reside with the accused. It might be mismatched and it is reflected from the letter that deceased was wanting love from her husband, whereas accused was believing in making physical relations with her State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 78 of 82 only.

110. Letter dated 12/04/2018 has been addressed to Sanjay Nijhawan. According to which, accused used to abuse her and Sanjay Nijhawan. She was not allowed to make any call. She was not allowed to stand in the balcony. She used to be locked in the house. She used to do household work. Accused did not use to talk with children and with her. Accused used to reside, eat and sleep with his mother, so in this manner, accused was avoiding the company of deceased and in this manner, she was tortured by accused mentally and physically. Accused also used to drop the children at school and did not use to come back but come back in the night at about 9 pm, which shows that accused was not giving time to his wife. Accused also used to smoke cigarette in the room of children and when he was asked not to do so, he used to quarrel with her.

111. Other letter is dated 18/04/2008. According to the same, she State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 79 of 82 was not happy, she was not loved, even by her husband, she was used. She love her parents. She unable to understand the situation. She has having two minor children. Her husband failed to understand her. Her husband asked her to write letters and she wrote them because she loves him and wanted to reside with him. Everyone had asked her not to go as it would be difficult for her but even then she came for the children and felt that atleast her husband might have some love for her because her husband used to talk for hours on phone and whenever she used to reside at her parental house, her husband used to visit her but she was wrong. Now her husband has become from man to devil. Mother in law and brother of her husband did not want that they both should live together. She was also restrained from joining the marriage of her sister. He also obtained her signatures on blank papers/stamp paper. She has lost faith in her husband. If something would happen to her then her children be given to their nana, nani. She has been tortured emotionally, financially and physically by her mother in law, jeth and husband and if something would happen to State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 80 of 82 her then these persons will be responsible for the same. She used to do all the household work. Even then she is being abused. She is not allowed to go outside from the house. Her phone has also been snatched. She is not allowed to talk on mobile phone.

112. Other letter is dated24/05/2008. According to the same, deceased was being harassed and tortured by her in laws, specially by her mother in law. She was abused daily and was under vigilance. She was not allowed to go outside. Her gold was taken. Her cheque book and credit card have also been taken. She was sexually abused by her husband. Only 23 times physical relations were made and on each time, she was treated badly and vulgar sentences were spoken by her husband. She was also forced for relations with some other persons and one person was hired and she was forcefully asked to talk with the said person and she was trapped. Her husband has relations with some other lady, on which issue frequently quarrels had taken place. Her mother in law wanted to marry her husband with the said lady. State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 81 of 82 Again it is written that if something happened to her then these persons will be responsible for her death and her children be given to nana, nani.

113. In view of contents of aforesaid letters, it is clear that deceased was physically and mentally tortured daily. The deceased was married with the accused at a tender age. She wanted love from her husband but it seems that her husband was loving her for physical relations only. If she has committed suicide, then no only her husband but her parents are also liable for the same and even then the parents are contesting the case because they have the custody of children and also they have filed suit for partition of the properties left behind by the deceased. Neither her in laws nor her parents could understand her feelings which must have been conveyed by her to her parents. Parents have alleged that deceased used to tell them about harassment and torture and also about demand of dowry. Even if the evidence of PW1, PW2, PW4, PW6 and PW9 is treated as State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC Page no. 82 of 82 hearsay and also that PW1 has deposed against the accused under the influence of his nana, nani. The letters written from time to time are telling the story of the deceased as to how she was treated by the accused persons and why she committed suicide.

114. In view of above, from the letters and evidence of witnesses, prosecution has been able to bring the case u/s 498A IPC (part i) against the accused and has proved the same beyond reasonable doubt. Accordingly, accused is held guilty and convicted for the same.

(Announced in open Court on 20.12.2018) (Virender Kumar Goyal) ASJ04, West District, Tis Hazari Court, Delhi State Vs. Madhur Malhotra & Anr FIR No. 207/2009 P.S. - Kirti Nagar U/Sec. 498A/306/34 IPC

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