Delhi District Court
State vs Md. Hassan S/O Abdul Rajjak on 8 May, 2014
IN THE COURT OF MR. UMED SINGH GREWAL
ASJ/SPECIAL JUDGE (NDPS)
NORTH DISTRICT:ROHINI COURTS:DELHI
SC No.129/2012
FIR No.149/2010
PS Kanjhawala
u/s 498A/304 B/34 IPC
State
Vs.
1. Md. Hassan s/o Abdul Rajjak
R/o G171, Mir Vihar,
Mubarakpur Dabas, New Delhi.
2. Md. Zamil s/o Md. Hassan
R/o G171, Mir Vihar,
Mubarakpur Dabas, New Delhi.
3. Md. Imran s/o Md. Hassan
R/o G171, Mir Vihar,
Mubarakpur Dabas, New Delhi.
Date of institution :08112010
Date when arguments concluded:06052014
Date when Judgment pronounced:08052014
Appearances: Mr. Ashok Kumar, APP for the State.
Mr. R.S. Gangwar, counsel for all accused.
State v.Md. Hassan etc. 149/10 1 of31
JUDGMENT
1. All three accused have been forwarded by police to face trial u/s 498A/304 B/34 IPC. Accused Imran @ Guddu is husband, Md. Zamil is brotherinlaw and Mohd. Hassan is fatherinlaw of deceased Shanno.
2. FIR was registered on 290710 on the statement dated 0907110 of Zahir Ahmad father of the deceased that he married his daughter Shanno with Imran according to Muslims rites and ceremonies on 08032009. Her married life went smoothly for four months. One day Imran informed him on telephone that Shanno was not feeling well and she should be taken to her parental home. Zahir Ahmd brought daughter to his house and took her to Batra Hospital for treatment. The doctor told that she was suffering from depression and that she should be taken to IHBAS, Shahdara. She was admitted in IHBAS for treatment of depression. He tried to persuade the inlaws of Shanno to see her as she was missing them badly but they refused. At last, he preferred a complaint against them in CAW Cell where the matter was compromised and Shanno was taken back by the accused. She was again left at her parental home after 20 days. After some days, his damad (soninlaw) and State v.Md. Hassan etc. 149/10 2 of31 daughter were thrown out of their house and Md. Hassan rented out the whole house. Imran and Shanno stayed at the complainant's house for six months but one day Imran left his house. Complainant came to know from a phone call that Imran was ill and had been admitted in Ambedkar hospital, Rohini. He visited the said hospital with his daughter. Imran recovered from illness and took Shanno to his house but there was no space for her as the whole house had been rented out and so she was kept on the ground floor where accused were running a factory. In the meantime complainant came to know that accused needed Rs.20,000/ for purchase of a car but he did not have that much amount. At last, Zahir Ahmad told SDM that the accused first killed his daughter and then hanged her body with a fan to show that it was suicide.
3. Charge u/s 498/304B/34 IPC was framed against all accused on 18112010 to which they claimed trial.
4. In order to substantiate the allegations, prosecution examined 26 witnesses. Accused did not examine even a single witness in defence.
5. PW21 lady Ct. Pooja was posted in PCR head quarter State v.Md. Hassan etc. 149/10 3 of31 on 09072010. She received an information at 4.15 AM from phone No.9210111319 r/o G171, Mir Vihar, Mubarakpur Dabas that the daughterinlaw of the caller was suffering from depression and that she had hanged herself. PW21 recorded that information in PCR form Ex.PW21/A. PW16 HC Rajender Singh was DO in PS Kanjhawala on 09072010 when he received information at 4.30 AM from control room that 'putravadhu' of the caller was suffering from depression and that she had hanged herself at G171, Mir Vihar, Mubarakpur Dabas. He registered DD No.5 A Ex.PW14/A and asked ASI Rajender Singh telephonically to investigate the DD. SHO and crime team were also told about the information received by him. He proved DD No.23 A as Ex.PW16/A registered by ASI Rajender Singh.
Evidence of PW14 ASI Rajender Singh and PW8 Ct. Dharambir is identical in several aspects. They were on patrolling in the area of Ghewra railway crossing on 09072010 when they received information at 4.30 AM that wife of the caller had hanged herself at G171, Mir Vihar, Mubarakpur Dabas. Both reached there and found a female dead body lying on the floor. It was of Shanno wife of Imran and her husband and fatherinlaw were also State v.Md. Hassan etc. 149/10 4 of31 present and they told that Shanno was suffering from depression and due to that reason she hanged herself with the veil tied with fan last night. They also told that dead body was got down by cutting the veil. Two pieces of black veil were lying there. PW14 informed Crime team and SDM of the area. Crime team Incharge prepared report and photographer took snaps from various angles. Dead body was sent to mortuary and parents of the deceased were informed. PW14 further deposed that he seized two pieces of veil vide seizure memo Ex.PW8/A. He produced Zahir Ahmad father, Md. Israil Jija, Imran husband, Md. Hassan fatherinlaw and a neighbour of the deceased before SDM and on the direction of SDM he recorded their statements. He conducted inquest vide report Ex.PW14/D. After postmortem the dead body was handed over to the parents of the deceased. Autopsy surgeon handed him over viscera box which he seized vide seizure memo Ex.PW7/A. He further deposed that after receipt of PMR on 29072010, the same was produced before SDM who made endorsement on the statement of Zahir Ahmad on the basis of which case FIR was registered. He identified the pieces of veil is Ex.P1 and scissor as Ex.P2. PW8 Ct. Dharambir remained associated with PW14 in State v.Md. Hassan etc. 149/10 5 of31 investigation upto the stage of sending of dead body to mortuary. PW7 Ct. Prem had also reached the spot after reaching of PW8 and PW14. He took the dead body to mortuary for postmortem.
PW24 Ajay Kumar was SDM of Saraswati Vihar on 0907 2010 and was looking after the work of area of PS Kanjhawala also. He deposed that he received a phone call from PW14 on 09 072010 about the hanging of Smt. Shanno at G171, Mir Vihar, Mubarakpur Dabas. He instructed ASI to send the dead body to mortuary for postmortem and to call her parents. PW14 produced before him in the evening Zahir Ahmad, Md. Israil, accused Md. Hassan, Imran @ Guddu and a neighbour Shamiullah. He recorded statement Ex.PW3/A of Zahir Ahmad and other persons, made endorsement Ex.PW24/A on the statement of Zahir, for registration of FIR. He attested inquest papers Ex.PW14/D on 10072010. Statements of Md. Israil, Shamiullah recorded by him are Ex.PW9/A and Ex.PW6/A respectively. Statements of accused Md. Hassan and Imran are Ex.PW24/B and Ex.PW24/C respectively. He had recorded statement Ex.PW24/D of Smt. Khatoon also. He made endorsement Ex.PW24/E on the statement of father of the deceased and recommended registration of FIR. PW1 HC Kaptan State v.Md. Hassan etc. 149/10 6 of31 registered case FIR Ex.PW1/A on 29072010 at 7.00 PM on production of rukka by SHO.
6. PW12 inspt. Sanjay Gade alongwith PW5 Ct. Manish Joshi, photographer reached the house of accused and found dead body of Shanno lying in a room and two pieces of black veil were also lying there. They came to know that Shanno had hanged herself by tying a veil with fan. PW12 prepared report Ex.PW12/A and PW5 took photographs as per Ex.PW5/A1 to A10 negatives of which are collectively Ex.PW5/A11.
HC Vijay was working as MHC(M) on 09072010 when PW14 ASI Rajender Singh deposited three pieces of veil and a scissor in malkhana for which he made entry No.1614 Ex.PW19/A. PW14 deposited a sealed viscera box in malkhana on 110710 for which he made entry No.1618 Ex.PW19/B. He deposed that on 21092010 he handed over a sealed viscera box to Ct. Satbir vide RC No.80/21/10 Ex.PW19/C for deposit in FSL and Ct. Satbir, after deposit, handed him over receipt acknowledgment Ex.PW19/D. Inspt. Surender collected three pieces of veil and a scissor from MHC(M) for obtaining opinion from autopsy surgeon and after obtaining the opinion, deposited those articles with him State v.Md. Hassan etc. 149/10 7 of31 on the same day for which he made entry at point Y in register no.19 Ex.PW19/A. Viscera box and FSL result were received in malkhana on 07082012. PW15 Ct. Satbir affirmed that he had deposited the viscera box in FSL on 21092010. He and PW19 did not tamper with the case property until it was in their possession.
PW13 SI Manohar Lal visited the house of the accused on 06 092010, took rough notes and measurements and prepared scaled site plan Ex.PW13/A.
7. Evidence of PW22 inspt. Harish and PW10 HC Rajesh is identical. Investigation was assigned to PW22 after registration of FIR on 29072010. On 15082010, he alongwith PW10 reached the parental house of deceased Shanno at G22, Jaipal Chowk, Saheed Nagar, Sahibabad, Ghaziabad, UP and her father produced before them copies of Nikahanama, marriage card and five photocopies of other papers which Zahir Ahmad claimed to have been written by Shanno. He seized those documents vide seizure memos Ex.PW3/D and Ex.PW3/E. Nikahanama is Ex.PW3/F, marriage card is Ex.PW3/G and documents written by Shanno are Ex.PW2/A. PW26 Inspt. Surender Kumar and PW11 Ct. Raj Kumar State v.Md. Hassan etc. 149/10 8 of31 arrested accused Imran and Md. Hassan on 03092010 vide arrest and personal search memos Ex.PW11/A, Ex.PW11/B (Imran) and Ex.PW11/C and Ex.PW11/D(Md. Hassan) from their house. PW26 is the third IO to whom investigation was assigned on 28082010. He prepared rough site plan Ex.PW26/A at the instance of ASI Rajender Singh on 03092010. He got the scaled site plan prepared from SI Manohar Lal on 06092010. He further deposed that he moved two applications Ex.PW26/B dated 16092010 and Ex.PW20/B dated 28092010 for obtaining opinion from the autopsy surgeon. Opinion on application dated 16092010 is Ex.PW20/D and on application dated 28092010 is Ex.PW20/C. He moved application Ex.PW26/C before the authority of IHBAS hospital to get the treatment paper of Shanno. He moved an application Ex.PW26/D before CAW Cell to obtain the proceedings launched by the mother of the deceased against accused. These proceedings are Ex.PW23/A, Ex.PW23/B, Ex.PW23/C and Ex.PW23/D. He arrested accused Md. Zamil on 29092010. He got translated Nikahanama Ex.PW3/F in Hindi as Ex.PW26/F. He identified the signature of the then SHO Mahesh Meena at point A on Ex.PW26/D vide which he had recommended registration of State v.Md. Hassan etc. 149/10 9 of31 FIR. PW17 Ct. Sanjay had joined investigation with PW26 on 29 92010 when accused Md. Zamil was arrested.
8. PW20 Dr. Manoj Dhingra alongwith Dr. Deepak conducted postmortem on 10072010 at 11.00 AM and found following injury: Ligature mark 29 cm. long brown Parchmontized, obliquely around front and sides of neck merging with hair line posteriorly. Ligature mark is 4 cm below right mastoid process width 0.5 cm, 1 cm below left mastoid process width 0.6 cm, 8.5 cm below centre of chin, 0.8 cm width, 8 cm above sternal notch.
He prepared PMR Ex.PW20/A opining that cause of death was asphyxia consequent to antemortem hanging. He sealed the viscera in common salt and handed over to the IO. He further deposed that on 28092010 inspt. Surender produced before him three pieces of veil and scissor in sealed condition for opinion. After examining the articles and going through the PMR he opined vide opinion Ex.PW20/C that ligature mark on the neck could be possible by the produced veil or similar such veil. On 16092010, on the application of IO, he had given opinion Ex.PW20/D that time since death was approximately 1½ day. He identified the State v.Md. Hassan etc. 149/10 10 of31 pieces of veil as Ex.P1 and scissor as Ex.P2.
PW23 proved the proceedings instituted on the complaint of mother of deceased Shanno. He deposed that the complaint filed by Afsara Jahan Begum before DCP CAW Cell was marked to him for inquiry on 08092010. He conducted inquiry and closed the complaint on 27102009 and forwarded the file to ACP for final disposal. Complaint is Ex.PW23/A and proceedings of CAW Cell running into two pages are Ex.PW23/B. He identified the signature of Shanno at point A on statement Ex.PW23/C in which she gave consent for withdrawal of complaint. On the back of the statement of Shanno, there is compromise deed Ex.PW23/C dated 1509 2009 bearing the signature of accused Imran at point A. PW25 Dr. Rajesh is the Professor of Psychiatry from IHBAS. He deposed that Shanno remained admitted in IHBAS from 2908 2009 to 16092009. Initially she followed up in OPD but she did not turn up after 01072010. She was found suffering from adjustment disorder with depressive reaction with emotionally unstable personality disorder. Letter Ex.PW25/A has been proved by him by identifying his signature at point A of Dr. Manoj at point B. State v.Md. Hassan etc. 149/10 11 of31 PW18 Kamruddin proved the Nikahanama as Ex.PW3/M as he had attended the marriage of Shanno with accused Md. Imran on 08032009 solemnized according to Muslims rites and rituals. Nikahanama is bearing his signature at point A.
9. PW4 Shakir Malik is neighbour of father of the deceased. He deposed that he attended the marriage of Shanno with accused Imran @ Guddu on 080309. When Shanno visited her parental home 45 months after the marriage, her mother told him that Shanno's inlaws were harassing, torturing and beating her for dowry and money.
PW6 Samiullah is the neighbour of the accused. He deposed that water supply in the colony was scant on 09072010 and so he alongwith other colony people was waiting for the water supply at 1.00 AM. At 1.30 AM, he saw a girl roaming in the locality. She returned to her home and he alongwith other people resumed their work. Two small children came running to him at 2.303.00 AM shouting "hame bachao". He followed children and reached in front of a house where a girl was hanging with dupatta in a fan. She was the same girl who was seen by him roaming at 1.30 AM. He knocked at the door of the house and accused Md. Hassan and State v.Md. Hassan etc. 149/10 12 of31 Zamil came out with sleep in their eyes. Md. Hassan asked him why he was knocking at the door in the wee hours. PW6 told him that his daughterinlaw was hanging in the room. Then Md. Hassan opened the door and took him to the house. They awoke accused Imran who was sleeping in the same room in which the Shanno was hanging from a fan. By that time ladies of the locality also entered the house of accused. They felt that the girl was still alive and so she was removed from the noose to take her to a doctor. Accused called the police and then PW6 left their house.
PW9 Md. Israil is jija of deceased Shanno. He deposed that whenever Shanno used to visit her parental and his house she used to complain that the accused and their brotherinlaw and 23 sisters used to torture and demand dowry from her. They used to throw her in cemented water container in order to tease. Shanno rang him up several times and consequently he visited her matrimonial home on many occasions and then Shanno used to complain him about the cruelty caused by accused for bringing less dowry. On one occasion he met Shanno at her parental home and she told him that accused and two sisters of accused Imran and their husbands were harassing her for money. They used to State v.Md. Hassan etc. 149/10 13 of31 threaten to kill her. He claimed that accused persons were torturing her so that she may go into depression. Before death, Shanno had complaint of cruelty against the accused and ladies of their house. He received a phone call on 09072010 that Shanno had hanged herself. He informed the parents of his sali and went to the house of accused from where all accused had absconded. He further deposed that his fatherinlaw handed over copy of marriage card, Nikahanama and some other documents which were seized by IO vide memo Ex.PW3/D and Ex.PW3/E respectively. His statement Ex.PW9/A was recorded by the SDM of the area on 09072010.
PW2 Afsar Jahan Begum and PW3 Zahir Ahmad are the mother and father of the deceased.
10. APP argued that Shanno was married with accused Imran on 08032009 and she died due to hanging on 09072010 in their house. He referred to the testimony of PW2, PW3 and PW9 to argue that initially the accused used to demand Rs.2 lacs from Shanno and lastly the demand settled down to Rs.20,000/ for buying a car and call for that money was made only a week before her death.
State v.Md. Hassan etc. 149/10 14 of31 On the other hand defence counsel argued that FIR was registered on the statement of PW3 Zahir Ahmad and in that statement before Magistrate he did not raise any allegation of demand of dowry. Defence counsel also relied upon statement Ex.PW9/A of Md. Israil recorded by SDM in which he levelled vague and general allegations. About the statement u/s 161 Cr. PC of PW2 Afsar Jahan Begum it is argued that it was recorded by police as late as on 02092010 and hence it cannot be relied upon. Next argument is that number of improvements have been made by PW2, PW3 and PW9. About writings Ex.PW2/A, it is argued that these contain interpolation, are undated, addressed to nobody and hence should not be taken into account. The counsel referred to CAW Cell proceedings in which no allegation of dowry demand was levelled by PW2. Lastly the counsel argued that Shanno was suffering from adjustment disorder and she was emotionally unstable personality and that is why she committed suicide.
11. In Kans Raj v. State of Punjab, (2000) 5 SCC 2007, the Apex Court held that following ingredients are required to be proved for conviction u/s 304 B IPC:
State v.Md. Hassan etc. 149/10 15 of31 (a) the death of a woman was caused by burns or bodily injury or
had occurred otherwise than under normal circumstances;
(b) such death should have occurred within 7 years of her marriage;
(c) the deceased was subjected to cruelty or harassment by her husband or by any relative of her husband;
(d) such cruelty or harassment, should be for or in connection with the demand of dowry; and
(e) to such cruelty or harassment the deceased should have been subjected soon before her death.
12. It has been proved by PW2 Afsar Jahan Begum, PW3 Zahir Ahmad, PW4 Shakir Malik, PW9 Md. Israil and PW18 Kamrudin that deceased was married with Imran on 08032009. That fact has been corroborated by Nikahanama and marriage card also. In their statements u/s 313 Cr. PC, the accused have also admitted Shanno was married with Imran and that accused Md. Hassan was his fatherinlaw, accused Zamil is brotherinlaw. So relationship of the accused with Shanno have either been admitted or proved by public witnesses. PW20 Dr. Manoj Dhingra proved the cause of death as asphyxia due to antemortem hanging. It has State v.Md. Hassan etc. 149/10 16 of31 been proved by PW6 Shamiullah neighbour of the accused. The accused also did not deny u/s 313 Cr. PC that death was not unnatural. The moot question remains whether Shanno was subjected to cruelty by accused just before death in connection with dowry and that her death was the result of that harassment.
13. CONTRADICTIONS Contradictions of the size of mountain are visible in the testimony of PW2, PW3 and PW9.
A. PW2 Statement u/s 161 Cr. PC of PW2 Afsar Jahan Begum was recorded on 02092010 i.e. 23 days after the death of Shanno. Material portion of that statement is that after admission of Shanno in IHBAS for treatment of depression, the accused did not turn up to take her care and feeling aggrieved, she filed a complaint in CAW Cell where the matter was compromised and Shanno started residing with accused. She remained there for 20 days but was left at her parental home thereafter. Accused Imran was summoned there who took Shanno with him but both were thrown out of the matrimonial home by his father and they took shelter in the parental home of Shanno where they remained for State v.Md. Hassan etc. 149/10 17 of31 six months. Imran left that house on one day. After a week, PW2 received information that he was admitted in BSA hospital. He took Shanno to his house after recovery from illness but there was no space for them as whole of the house had been rented out and so they had to reside in the factory area. Thereafter accused Imran asked for Rs.20,000/ for purchase of a car and when PW2 and her husband refused, accused Md. Hassan rang them up saying that Rs.20,000/ were need urgently for car otherwise Shanno would be thrown out. She received a phone call from her daughter about one week prior to the death and at that time she had come to IHBAS for medicines. She told her on phone that she was hungry as food was not being provided to her. She came to her parental home with Imran, took meal and told that her fatherinlaw Md. Hassan was demanding Rs.20,000/.
When Afsar Jahan Begum appeared in witness box as PW2 she deposed that her daughter was treated at Batra hospital for depression and after some time she was admitted in IHBAS where accused did not turn up to take her care and she had to file a complaint before CAW Cell, Nanakpura where the matter was compromised and Shanno was taken to her matrimonial home.
State v.Md. Hassan etc. 149/10 18 of31 After some days, Imran and Shanno visited her house and told that his parents had thrown them out as he had not got enough dowry though his brother had received handsome dowry. At that time he demanded Rs.2 lacs from him. On 01072009 Shanno and Imran came to her house as they had come to IHBAS for treatment. At that time Shanno told her that her fatherinlaw Md. Hassan had kept a maid in his house and that she was suspecting that Md.Hassan had relations with the maid. She further complained that there was no space for them at her matrimonial home as the house had been rented out and she had to stay outside the house in street in summer season. In further examination in chief at page no.6 she deposed that one day prior to the death of Shanno, accused Imran called her and demanded Rs.20,000/ for purchasing a bike.
There was no mention in statement u/s 161 Cr. PC that when Shanno and accused Imran came to reside at her house, Imran demanded Rs.2 lacs from her. In statement u/s 161 Cr. PC she had claimed that when Shanno visited her house one week before death, she told that her fatherinlaw Md. Hassan was demanding Rs.20,000/. That demand is missing in examination in chief.
State v.Md. Hassan etc. 149/10 19 of31 Further improvement is on page no.6 of examination in chief where she deposed that one day prior to the death of Shanno, accused Imran rang her up to demand Rs.20,000/ for a bike. In statement u/s 161 Cr. PC, she had not stated that accused Imran had demanded Rs.20,000/ from her one day prior the death of Shanno.
B. PW3 PW3 Zahir Ahmad had made statement Ex.PW3/A before SDM on 09072010. In the statement there is only line pertaining to dowry demand and that line is " Issi beech mere paas khabar aaie ki mujhe gari ke liye 20000/ rupeey ki jarurat hai". Rest of the contents of Ex.PW3/A are regarding the fact that the accused were not cooperating him in the mental depression of Shanno. But when he appeared in the witness box as PW3 his version was totally different. He deposed that Shanno was hale, hearty and happy for four months at her matrimonial home. Relevant part starts from page No.3 of examination in chief wherein he deposed that when accused Imran and Shanno came to his house for staying as they were thrown out by accused Md. Hassan, Shanno told him that her fatherinlaw, husband and State v.Md. Hassan etc. 149/10 20 of31 brotherinlaw used to treat her with cruelty and demanded money and dowry. She also told him that accused Zamil used to dislike the food prepared by her and used to taunt her for not bringing sufficient dowry. He claimed that accused persons used to demand money from Shanno and for that purpose they did not lag behind in leveling false allegations. Few days prior to death, Shanno had told her mother that accused persons were demanding Rs.20,000/ for purchase of motorcycle. But he could not arrange that amount. Earlier also accused Md. Hassan had demanded Rs.2 lacs and that fact was told to him by his daughter. PW3 has been duly contradicted in crossexamination.
C. PW9 Statement Ex.PW9/A of Md. Israil PW9 was recorded before SDM on 09072010 itself in which he told to the Executive Magistrate that when he visited the matrimonial home of Shanno on the asking of Zahir Ahmad, he found that different methods were being applied to torment her. Accused and their family members used to taunt her that she was speaking more but had brought less dowry. Except that, all are vague allegations. No other sentence was uttered before SDM regarding dowry. But when he State v.Md. Hassan etc. 149/10 21 of31 appeared in the witness box, he stated that whenever Shanno used to visit the house of her parents and his house she used to complain that accused and 23 sisters of accused Imran used to torture and demand dowry from her. The accused persons used to throw her in water container to tease her. Shanno told him several times on phone consequent to which he visited the house of accused on many occasions and at that time Shanno used to complain about the cruelty caused by accused persons for bringing less dowry. On one occasion when Shanno had come to her parental home, he also visited her and she told that the accused persons, two sister of accused Imran and their husbands were harassing her for money. Deposition of PW9 is also miles away from his statement Ex.PW9/A. In Khushal Chand v. State (NCT of Delhi) Crl. Appeal No.109 of 2008 decided on 07032014 the Hon'ble High Court of Delhi put no reliance on the deposition of witnesses because they were in variance with their previous statements in writing.
In Sunil Kumar Sambhudayal Gupta v. State of Maharashtra 2010 XI AD (SC) 500, Hon'ble Apex Court explained the legal position that " where the omission(s) amount to State v.Md. Hassan etc. 149/10 22 of31 contradictions, creating a serious doubt about the truthfulness of a witness and other witnesses also make material improvements before the court in order to make the evidence acceptable, it cannot be safe to rely upon such evidence."
In Subhash v. State of Haryana 2011(1) JCC 41 SC, the Apex Court again held that the statements of witnesses who made substantial improvements over their statements u/s 161 Cr. PC did not inspire confidence.
Shanno had hanged herself in the wee hours of 09072010 and statement of PW2 Afsar Jahan Begum was recorded on 0209 2010. She had met police in the house of accused on 09072010 itself. There is no explanation with the prosecution why her statement was recorded so late. Possibility of exaggeration of events the evidence in that statement cannot be ruled out due to inordinate delay.
In (I) Sanjiv v. State (NCT of Delhi); 2009 (64) DLT 459, (II) Masood Ahmed v. State (NCT) 1991(44) DLT418 and (III) Pyare Lal v. State (NCT of Delhi) 2010(174) DLT 614, either there were contradictions between previous statements and examination in chief or there were discrepancies in the evidence of State v.Md. Hassan etc. 149/10 23 of31 witnesses and the Hon'ble High Delhi gave benefit of doubt to the accused.
Above citations squarely cover the case of accused. In the ending portion of statement Ex.PW3/A, Zahir Ahmad had stated before SDM that in the meantime he received information that the accused needed Rs.20,000/ for car. He did not specify the day or month when the said information was received. He did not specify the name of the accused who had put forth that demand. In Harjit Singh v. State of Punjab Appeal(Crl.) 756 1999, decided on 08122005, Hon'ble Supreme Court held "it is not enough that harassment or cruelty was caused to the woman with a demand for dowry at some time, if Section 304B is to be invoked. But it should have happened " soon before her death." The said phrase, no doubt, is an elastic expression and can refer to a period either immediately before her death or within a few days or even a few weeks before it. But the proximity to her death is the pivot indicated by that expression. The legislative object in providing such a radius of time by employing the words "soon before her death" is to emphasise the idea that her death should in all probabilities, have been the aftermath of such cruelty or State v.Md. Hassan etc. 149/10 24 of31 harassment. In other words, there should be a perceptible nexus between her death and the dowryrelated harassment or cruelty inflicted on her. It further held suffice, however, to indicate that the expression" soon before" would normally imply that the interval should not be much between the cruelty or harassment concerned and the death in question. There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the death concerned. If the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence."
In the case in hand demand of Rs.20,000/ is common which is emerging in the evidence of PW2, PW3 and PW9, PW2 and PW9 have improved a lot and hence their deposition is not credible. Only WP3 is consistent on that demand. But he did not specify the date and month when he had received information that accused were demanding Rs.20,000/ for a car. Also he did not specify the name of the accused who demanded that amount.
14. WRITING EX.PW2/A PW2 deposed that those papers have been written by Shanno. She claimed that when she alongwith her husband and State v.Md. Hassan etc. 149/10 25 of31 PW9 visited the house of accused on 09072010 at 1011 AM, the accused Imran handed over the purse of Shanno and that purse was found containing the writing Ex.PW2/A. On the time of her visit to the house of accused, she has been contradicted by PW14 ASI Rajender Singh who deposed that she alongwith her husband had come to the spot at 6.007.00 AM. Her examination in chief is not consistent with cross regarding handing over of those papers to her by accused Imran. At page no.7 of examination in chief she deposed that when they reached the house of the accused, no accused was there. After some time Imran came and she asked him the purse of Shanno. He handed over the purse which was containing the five papers. In crossexamination at page no.3 dated 031011, she deposed that when she alongwith her husband, son, daughter and daughter's husband reached to the house of the accused, she became unconscious after seeing the dead body of Shanno. So she failed to recollect who of the accused were present there. She regained consciousness when police officials were taking dead body to mortuary. After regaining consciousness she did not see any of the accused in their house. She saw the accused first time when she was leaving their house on State v.Md. Hassan etc. 149/10 26 of31 motorcycle with her chacha and at that time the accused were taking tea. So the crossexamination suggests that the accused were seen first time by her on 09072010 when they were taking tea at some place and that place was not their house. It is pertinent to mention that she did not hand over those five papers Ex.PW2/A to the police and directly produced in the court at the time of her deposition. She did not explain why the papers were not handed over to the police. These papers are undated and not addressed to anybody. They have several cuttings and interpolation. There is no handwriting expert report in support of the prosecution case that Ex.PW2/A have been written by Shanno. All facts have been written twice in Ex.PW2/A. All sorts of allegations have been levelled against the accused. Even it is alleged that attempt was made earlier to kill her by the accused. Her fatherinlaw accused Md. Hassan always used to remain behind her. Why accused would hand over highly incriminating documents to the mother of deceased. In Asha & Anr. v. State of Uttrakhand, Crl. Appeal No.1893/2013 decided on 01112013, the Apex Court did not rely upon the letter written by brother of the deceased to his parents because there were several cuttings and State v.Md. Hassan etc. 149/10 27 of31 interpolation. Ex.PW2/A is worst than the letter not relied upon by the Supreme Court in the cited case.
15. CAW CELL PROCEEDINGS PW2 and PW3 admitted that it was PW2 who had made complaint dated 08092009 against accused in CAW Cell. There is not a single allegation against the accused that they maltreated or harassed Shanno for dowry. The complaint shows that PW2 was feeling aggrieved because the accused were not taking care of Shanno when she was admitted in IHBAS for mental treatment. There are proceedings dated 15092009 of the CAW Cell in which the inquiry officer came to the conclusion that it was not a dowry related matter. On the same day Shanno made statement Ex.PW23/C before PW26 inspt. Surender Kumar that she wanted her husband very much and that at that time she was suffering from depression for which she was being treated at IHBAS. She further stated that she was accompanying her husband to the hospital where he would talk to the doctor whether she would be treated as indoor or OPD patient. She further stated that her husband had assured her that she would take her care whether she is treated as indoor or as OPD patient. When Ex.PW23/C is pitted State v.Md. Hassan etc. 149/10 28 of31 against Ex.PW2/A, it is Ex.PW23/C which prevails upon because it is bearing the signature of the deceased at point A and it was written before a public servant inspt. Surender Kumar. It does not contain any interpolation or cutting. As per that statement, her only grouse was that her inlaws were not taking her care despite the fact that she was admitted in hospital for mental depression.
16. REASON FOR SUICIDE PW2 and PW3 deposed that marriage of their daughter Shanno ran smoothly for four months. The problem arose first time after four months when accused Imran rang them up to take Shanno to their home as she was suffering from mental depression. They brought her and was taken to Batra hospital. On the advise of doctor of Batra hospital she was taken to IHBAS where she remained admitted from 280809 to 160909. In the meantime i.e. on 08092009, PW2 moved complaint Ex.PW23/A before CAW Cell where the matter was compromised and Shanno was taken back in her matrimonial home. So there was no demand of dowry in the first four months of the marriage. The only problem was that Shanno was suffering from depression. Ex.PW23/A shows that accused were not taking her care despite the fact that she was State v.Md. Hassan etc. 149/10 29 of31 admitted in IHBAS. She was left totally on the mercy of her parents and they, feeling aggrieved, moved complaint before CAW Cell. There is no mention of dowry demand in that complaint. CAW Cell inspt. also came to the conclusion that it was not a case of dowry demand. Even Shanno made statement before the inspector that she was gong to her matrimonial home with her husband. Had there been any demand for dowry, she would not have joined the company of her husband. It again shows that mental depression by that day was not due to any harassment or cruelty caused by the accused. The whole case has been exposed bare by PW25 Dr. Rajesh, Associate professor of Psychiatry IHBAS who deposed that Shanno remained admitted in that hospital from 280909 to 160909. On detailed evaluation she was found suffering from adjustment disorder with depression reaction. She was emotionally unstable personality. It has already been held that by that time PW2 and PW3 did not have any complaint against any of the accused. It means that Shanno was suffering from adjustment disorder before her marriage.
17. CONCLUSION There are irreconcilable contradictions in the evidence State v.Md. Hassan etc. 149/10 30 of31 of family members of the deceased. Writings Ex.PW2/A, purported to have been written by Shanno, are unreliable. CAW Cell proceedings and evidence of PW25 are totally in support of the accused.
18. Taking into account all these facts,all accused persons are acquitted of the charges levelled against them. Their bail bonds are cancelled. Their surety bonds discharged. Endorsement, if any, be cancelled. File be consigned to recordroom. Announced in the Open Court On day of 8th May, 2014.
(UMED SINGH GREWAL)
ASJ/Special Judge (NDPS)
North Distt: Rohini Courts: Delhi
State v.Md. Hassan etc. 149/10 31 of31