Delhi District Court
State vs . on 10 December, 2019
1
IN THE COURT OF SH VIRENDER KUMAR GOYAL,
ADDL. SESSIONS JUDGE04, WEST DISTRICT,
TIS HAZARI COURTS, DELHI
CNR No. DLWT010006422014
SC No 56535/16
FIR No. 14/13
P.S. Anand Parbat
U/Sec.306 IPC
State
Vs.
Ratan
S/o Sh. Sauga Ram
R/o T29, A1, Road No. 20,
Bheel Basti, Baljeet Nagar, Anand Parbat,
Delhi.
Date of committal to Court of Sessions : 04.04.2014
Final Arguments concluded on : 04.12.2019
Date of Judgment : 10.12.2019
JUDGMENT
1. The present case has been registered against the accused in P.S Anand Parbat for the offence u/s 306 of IPC with the allegations that on or before 31/01/2013, accused created circumstances by State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 2 threatening and blackmailing deceased Kusum, which compelled the deceased Kusum to commit suicide and a result thereof, the deceased Kusum committed suicide by hanging herself on 31/01/2013 at about 6.25 am at house no. T165, Shakti Mandir, Bheel Basti, Baljeet Nagar, Delhi.
2. On completion of investigation, chargesheet for the offence under Section 306 of IPC was filed on 12.03.2014 before the Court of Ld. ACMM, West District, Tis Hazari Court, Delhi and vide order dated 27.03.2014, Ld. ACMM committed the case to the Court of Sessions.
3. Vide order dated 26.08.2014, charge u/s 306 of IPC was framed against the accused to which he pleaded not guilty and claimed trial.
4. During the trial, the prosecution has examined 21 witnesses.
5. PW1 W/HC Renu has stated that on 31.10.2013, she was posted at PS Anand Parbat as duty officer from 8.00am to 4.00pm and at about 9.05am, Ct. Pursotam came to her in DO Room and handed State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 3 over rukka prepared and sent by ASI Om Prakash for the registration of this case. On the basis of the said rukka, she got recorded the present FIR through computer operator and signed the print of the FIR. Photocopy of the same is Ex PW 1/A bears her signatures. She made endorsement Ex PW 1/B on the rukka regarding the registration of the present FIR, which bears her signatures. She also prepared certificate u/s 65 B Indian Evidence Act regarding recording of the present FIR on computer and the same is Ex PW 1/C bears her signatures.
6. PW2 ASI Jai Chand has stated that in the intervening night of 30/31.01.2013, he was posted at PS Anand Parbat and was working as duty officer from 12.00midnigh to 8.00am. At about 6.25am, he received information through wireless operator that 'Baljit Nagar Shakti Mandir ke samne yaha ek admi ne fasi laga li hai'. He recorded this message in the daily diary vide DD no. 6 A. Said entry is in his hand and true copy prepared by him is Ex PW 2/A. The copy of the DD no. 6 A mentioned above was sent to ASI Om Prakash through Ct. State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 4 Kali Charan for necessary action.
7. PW2 has further stated that on the same day at about 6.30am, he again received information through wireless operator that Baljit Nagar Sakti Mandir Bhil Basti Road No. 20, Ramjas Ground, ek aurat ne fasi laga li hai'. He recorded this message in the daily diary vide DD no. 7 A and the copy of the DD was sent to ASI Om Prakash through Ct. Deepak for necessary action. Copy of the same is Ex PW 2/B.
8. PW 3 SI Pankaj Kumar has stated that on 31.01.2013, he was posted as incharge mobile crime team central district. On that day after receiving information from district control room, he alongwith Ct. Vijay photographer and HC Hari Kishan finger prints proficient reached at the spot i.e. T165, Bheel Basti, Road No. 20, Baljit Nagar, Delhi. They inspected the place of occurrence between 7.30 to 8.00am. One dead body of a lady namely Kusuam wife of Vijay Daman was found lying on the floor of the said house. One end of the two chhunies joined together were found tied in the neck of the deceased and the other end was found tied with the iron grill and State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 5 chhuni was found cut between the ends. No chance print was found at the spot. Ct. Vijay took photographs of the dead body as well as the spot from different angles. Thereafter he prepared his detailed crime team report and the same is Ex PW 3/A bears his signatures.
9. PW 4 Ct. Vijay has stated that on 31.01.2013, he was posted as Photographer mobile crime team central district. On that day after receiving information from district control room, he alongwith SI Pankaj Incharge Mobile Crime Team and HC Hari Kishan finger prints proficient reached at the spot i.e. T165, Bheel Basti, Road No. 20, Baljit Nagar, Delhi. They inspected the place of occurrence between 7.30 to 8.00am. One dead body of a lady namely Kusum wife of Vijay Daman was found lying on the floor of the said house. One end of the two chhunies joined together was found tied in the neck of the deceased and the other end was found tied with the iron grill and chhuni was found cut between the ends. No chance print was found at the spot. He took eight photographs of the dead body as well as the spot from different angles. Same are Ex PW 4/A1 to A8 and negatives State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 6 of the same are Ex PW 4/B1 to B8.
10. PW 5 HC. Hari Kishan has stated that on 31.01.2013, he was posted as Finger prints proficient mobile crime team central district. On that day after receiving information from district control room, he alongwith SI Pankaj Incharge Mobile Crime Team and Ct. Vijay Photograhper reached at the spot i.e. T165, Bheel Basti, Road No. 20, Baljit Nagar, Delhi. They inspected the place of occurrence between 7.30 to 8.00am. One dead body of a lady namely Kusum wife of Vijay Daman was found lying on the floor of the said house. One end of the two chhunies joined together was found tied in the neck of the deceased and the other end was found tied with the iron grill and chhuni was found cut between the ends. No chance print was found by him at the spot. Ct. Vijay took eight photographs of the dead body as well as the spot from the different angles.
11. PW 6 Ms. Tarannum has stated that he was residing at 138, K Block, JJ Colony, Shakarpur, Delhi with his family members and he was working at food Bazzar sector3, Rohini from the last 4 years. State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 7
12. PW6 has further stated that customer application form of mobile phone no. 9953990377 Ex PW6/A bears her photographs and her address and photocopy of her voter I card is Ex PW6/B.
13. PW7 Mr. Mordhwaj has stated that he was working at a Ration Shop of Sh. Hari Narayan Pahawa in Khanna Market, Patel Nagar, Delhi and he is permanent resident of Village Para, Post Office Bahar Pur, PS Sukal Bazzar, DistrictSultan Pur, U.P. He was residing at the second floor of the house no. T165, First Floor, near Sai Shakti Mandir, Baljit Nagar, Road no. 20, Delhi for the last threefour months prior to the present incident, in the said house, Devmani was residing with his wife namely Kusum and his children in the other room of first floor of the said house on rent. Kusum and Devmani were living happily and he had never seen them quarreling.
14. PW7 has further stated that on 31.01.2013, at about 6:00am, when he reached at first floor to fetch water, he found Kusum hanging with the grill fixed in roof of first floor, with the help of chunni. Thereafter, he knocked the door of Devmani, who was sleeping at State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 8 that time and he woke up and came outside from his room and thereafter he cried and after hearing noise of persons from the locality including the family members of inlaws of Devmani, who were also residing in the neighborhood, also reached at the spot. Thereafter, the dead body of Kusum was removed by Devmani and his inlaws. IO recorded his statement in this case.
15. PW 8 Smt. Savitri has stated that he was working as peon in Daya Nand Model School, Patel Nagar. Kusum (since deceased) was her daughter and she was married with Devmani in 1997 and thereafter her daughter was leading a happy married life with her husband Devmani. She was residing on rent at T165, first floor, with her children and husband. Her daughter Kusum had never made any complaint to her about her husband or her inlaw's till her death. On the day of the incident i.e. 21.01.2013, after hearing the cries of her elder son at about 6:00am, she alongwith with her son Ashok reached there and in the meantime, her other family members also reached at the spot and they found Kusum hanging with grill affixed in the roof State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 9 of first floor with the help of chunni. She was removed by her son namely Ashok and son in law Devmani. After checking by them, they came to know that she was no more. Someone informed the PCR. They also found one written piece of paper kept on the wall near the dead body and one small piece of stone was found upon the said piece of paper. Same was lifted by her son Ashok and he identified the writing mentioned in the said piece of paper to be of Kusum. Her daughter Kusum was 8th pass and she also appeared in Matriculation examination. Accused was know to her as he was residing in their neighborhood. She had no knowledge if any dispute had taken place between her son in law and accused Ratan regarding his entry in the house of her daughter Kusum without their permission, prior to the incident or about any undertaking given by accused to her son in law and her son Ashok for not visiting the house of her daughter in future. Police had recorded her statement in this case.
16. PW8 has further stated during her cross examination by ld. State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 10 Addl. PP for State that some altercation took place on that issue with her son Ashok and accused Ratan tendered apology and he undertook that he will not visit the house of her daughter. A written piece of paper by her daughter was found by her son near the place of suicide of her daughter and it was handed over to the police.
17. PW9 Sh. Ram Kirpal has stated that he was working as Guard. Kusum (since deceased) was her daughter and she was married with Devmani in 1997 and thereafter her daughter was leading a happy married life with her husband Devmani. She was residing on rent at T 165, first floor with her children and husband. Her daughter Kusum had never made any complaint to him about her husband or her in law's till her death. On the day of the incident i.e. 31.01.2013, after hearing the cries of her elder son at about 6:00am, he alongwith with his wife and son Ashok reached there and in the meantime, his other family members also reached at the spot and they found Kusum hanging with grill affixed in the roof of first floor with the help of chunni. She was removed by his son namely Ashok and son in law State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 11 Devmani. After checking by them, they came to know that she was no more. Someone informed the PCR. They also found one written piece of paper kept on the wall near the dead body and one small piece of stone was found upon the said piece of paper. Same was lifted by his son Ashok and he identified the writing mentioned in the said piece of paper to be of Kusum. His daughter Kusum was 8th pass and she also appeared in Matriculation examination.
18. PW9 has further stated that he was not known to him prior to the incident but later on he came to know that he was residing in their neighborhood. He has no knowledge if any dispute had taken place between his son in law and accused Ratan regarding his entry in the house of his daughter Kusum without their permission, prior to the incident or about any undertaking given by accused to his son in law and his son Ashok for not visiting the house of his daughter in future. Police made enquiries from him and recorded his statement in this case.
19. PW9 has further stated during his cross examination by ld. Addl. State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 12 PP for State that Ex PW9/A bears his signatures. His daughter Kusum was doing job in a nearby factory.
20. PW10 Ct. Purshottam has stated that on 30.01.2013, he was posted at PS Anand Parbat and was performing emergency duty from 8:00pm to 8:00am. At around 6:006:15am, ASI Om Prakash received a call perhaps it was DD no. 6A. Upon receiving the said information, he alongwith ASI Om Prakash reached at H. NO. T165/166, gali no. 20, near Shiv Mandir, Bheel Basti, Baljit Nagar, Delhi. They reached at the first floor of the said house, where they saw that one dead body of a lady was lying on the floor and one chunni was tied with her neck. Brother and father of the deceased met them at the spot. Crime team was called by the IO. ASI Om Prakash had given one rukka to him for registration of the case. He took the same to the police station Anand Parbat, where he got registered the case. He returned to the spot with copy of the FIR and rukka and handed over the same to the IO. Dead body was shifted to the hospital for the postmortem. Postmortem of the dead body of Kusum was got conducted and thereafter he came State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 13 back to the police station.
21. PW10 has stated during his cross examination by Ld. Addl. PP for State that one end of the chunni was tied with the grill of the second floor. The said chunni was removed and it was taken into possession vide seizure memo Ex PW 10/A bearing his signatures and brother of the deceased Ashok handed over one suicide note to ASI Om Prakash. The suicide note was taken into possession vide seizure memo Ex PW 10/B bearing his signatures. After the postmortem, doctor of the Maullana Azad Medical College Mortuary handed over one sealed envelope with the seal of MAMC and MA and sample seal to ASI Om Prakash and said sealed envelope and sample seal were taken into possession vide seizure memo Ex PW 10/C bearing his signatures. Husband of the deceased was also present at the spot when they reached at the spot. After registration of the FIR, he alongwith SI Deepak Verma came to the spot and further investigation was carried by SI Deepak Verma.
22. PW 11 Ct. Rajeev Jha has stated that on 31.01.2014, he was State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 14 posted at PS Anand Parbat. On that day, he joined the investigation alongwith IO SI Pardeep Kumar. On that day, IO obtained the specimen handwriting of one Ashok Kumar on three sheets and seized the same vide seizure memo Ex PW 11/A bearing his signature. On the same day, IO also obtained specimen handwriting of Devmani Vijay on three separate sheets and it was seized vide seizure memo Ex PW 11/B bearing his signature. Photocopy of the specimen handwriting of Ashok were in three sheets and the same were marked PW 11/C1 to C3 bearing his signature on each page. Photocopy of the specimen handwriting of Devomani Vijay were in three sheets and the same were marked PW 11/D1 to D3 bearing his signature A on each page.
23. PW 12 SI Om Prakash has stated that in the intervening night of 30/31.01.2013, he was posted at PS Anand Parbat as ASI. On 31.01.2013, in the morning at around 6:25am, he received DD no. 6A, Ex PW 2/A regarding one person hanged himself in the area of Baljit Nagar. Upon receiving the said information, he alongwith Ct. State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 15 Purshotam reached at the spot i.e. H.No. T166, Baljit Nagar in front of Shakti Mandir, Delhi, where he made inquiry and came to know that one lady hanged herself at the first floor of H. NO. T165, Baljit Nagar, Delhi. He reached there alongwith Ct. Purshutam and saw that one lady having chunni in her neck was lying on the floor. Name of the deceased was revealed as Kusum. Brother of the deceased namely Ashok and husband of the deceased namely Vijay were present there. Other family members also came there. Ashok handed over one written piece of paper i.e. the suicide note of the deceased. He inspected the spot and found two chunnies were tied with each other and one portion of the said chunni was tied with the grill of the balcony of second floor and one portion of the said chuuni was hanged and reached at the first floor. He conveyed the aforesaid information to the senior officers. Crime team was called at the spot. Crime team reached there and inspected the spot. Photographer of the crime team had taken the photographs on their instructions. He had gone through the suicide note and seized the same vide seizure memo Ex PW 10/B bearing his signature. He had also seized two chunnies, State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 16 which were hanging from the second floor balcony vide seizure memo Ex PW 10/A bearing his signature. He made an endorsement from portion B to B on Ex PW 2/A, which bears his signature and gave the same to Ct. Purshutam for registration of the case.
24. PW12 has further stated that he filled up the inquest form Ex PW 12/A. The dead body of deceased Kusum was identified by her father Ram Kirpal and her husband Vijay Devmani. He recorded their statement in this regard Ex PW 12/B & 12/C respectively bearing his signature.
25. PW12 has further stated that after registration of the case, Ct. Purshutam and SI Deepak came to the spot with copy of the FIR and rukka. Further investigation was assigned to SI Deepak. He handed over seizure memo of chunni and suicide note to SI Deepak. He also handed over suicide note to SI Deepak. Thereafter, he left the spot alongwith Ct. Purshutam with the dead body of Kusum for the mortuary of Maullana Azad Medical College, where he had given the request for the postmortem of dead body of Kusum to head of the State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 17 department of forensic medicine. The said letter is Ex PW 12/D bearing his signature. He got conducted the postmortem of deceased Kusum. After the postmortem, doctor had given one envelope sealed with the seal of MAMC & MA with sample seal and he seized the same vide seizure memo Ex PW 10/C bearing his signature. Dead body was handed over to the husband of the deceased vide receipt memo Ex PW 12/E bearing his signature. He returned to the police station, where he deposited the chunni and sealed envelope given by the doctor in the malkhana. IO recorded his statement in this regard.
26. PW12 has identified before court one small chunni of pink colour and another long chunni of blue colour as Ex P1.
27. PW13 Ct Shailender has stated that on 14/12/2013, he was posted at PS Anand Parbat. On that day, he joined the investigation alongwith IO SI Pradeep and they went Bheel Basti, Baljeet Nagar, H. No. T166, where one Ashok met them and he joined the investigation and made inquiry about the residence of accused Ratan. On the pointing out of Ashok, they reached at the house of accused Ratan State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 18 situated in the area of Bheel Basti, Baljeet Nagar, where accused Ratan was found present. IO interrogated him and arrested him vide arrest memo Ex PW13/A and conducted his personal search vide memo Ex PW13/B bearing his signatures. Accused Ratan was interrogated and his disclosure statement Ex PW13/C was recorded. IO informed the brother of accused regarding his arrest. They took the accused to the police station. IO recorded his statement.
28. PW14 Devmani Vijay has stated that on 31.01.2013, he returned to his house in the evening time from his work place. On that day after taking dinner he slept. Next day in the morning hour, one boy namely Mordhawaj knocked his door and called him. He woke up and he informed him that his wife hanged herself. His door was bolted from outside Mordhawaj opened the door and he came outside and saw that his wife Kusum hanged herself with the help of the chunni with the grill of the third floor. Thereafter he became nervous. Police came there. Police made enquiry from him. Dead body of his wife was shifted to Maulana Azad Medical College. He identified the dead body State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 19 of his wife before the police and he signed some papers.
29. PW14 during his cross examination by ld. Addl. PP for State has stated that he got married with Kusum (since deceased) in year 1997 and after some time of marriage, he came to Delhi and started residing in a rented room of the first floor of H. No.165, Bheel Basti, Road no.20, Baljit Nagar. His in laws were residing at the adjoining house no.166, Bheel Basti, Road no.20, Baljeet Nagar. His wife Kusum was employed in the Pandey's factory at road no.20. He used to leave his house for work at around 9.30 am and returned at around 6.30 pm. He alongwith his wife and children was residing happily. Ex.PW14/A bears his signature. His wife's mobile no. was 9953990377 and she was using the same number for last 1820 months. On 30.01.2013, he came to his house in the evening hour and after taking dinner, he along with his wife and children had gone to bed. After seeing his wife hanging with the grill, he screamed. Thereafter his in laws family members reached there. One portion of the chunni was tied with the grill of the second floor and one portion State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 20 of the chunni was tied in the neck of his wife. He had given the diary of his wife to the police and police seized the same vide seizure memo Ex.PW14/B bearing his signature. He had given the diary of his wife of year 1997 to police and identified the writing of ten pages of the said diary as the writing of his wife. He identified the dead body of his wife in the mortuary of Maulana Azad Medical College and police recorded his statement Ex PW12/C. He received the dead body of his wife after the postmortem vide receipt memo Ex PW12/E, bearing his signatures. He handed over the mobile phone with SIM of his wife to the police on 12/03/2014 and it was seized by the police vide seizure memo Ex PW14/D bearing his signatures. Said mobile phone was having SIM of vodafone. The number of the said mobile phone was 9953990377. Police had taken his specimen writing and the same were seized vide seizure memo Ex PW11/B bearing his signatures. He identified the diary of his wife as Ex P1. He identified his specimen writing, which were taken by the police, as Ex PW14/E and Ex PW14/F and writing of his wife Ex PW12/F. State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 21
30. PW15 Mr. Ashok has stated that three years ago, on the day of the incident, at around 5:00am, he was present at at house. He heard the shouting and sound of weeping from the house of his sister. Upon hearing the same, he reached at the house of his sister. His sister was hanging with the railing of balcony. Thereafter, he also started weeping. In the meantime, his parents also came there. Someone made call to police at no. 100. Police came there. They cut the chhuni by which his sister namely Kusum (since deceased) was hanging. Dead body was shifted to the mortuary of Pant Hospital. After the postmortem, they received the dead body of his sister Kusum.
31. PW15 has further stated during his cross examination by Ld. Addl. PP for State that his sister Kusum (since deceased) and his brother in law namely Dev Mani Vijay had been residing at H. No. T 165, road no. 20, near Shakti Mandir, Nihal Vihar for last 56 years. He alongwith his parents and other family members was residing in H. NO. T166, in same locality. His brother in law Dev Mani Vijay was running business of Toys in the area of Ranjit Nagar. His sister Kusum State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 22 (since deceased) was doing job in a nearby factory. His sister and brother in law were residing happily and they had no dispute at any point of time. His brother in law used to leave the house at about 9:30am and used to return at around 6:30pm. On the day of the incident, when he reached at the house of his sister, his brother in law Dev Mani Vijay and neighborer namely Mordhwaj were present there and when he reached at the spot, he removed the body of his sister with the help of his brother in law and Mordhwaj. He cut the chunni by which his sister was hanging. One side of the chunni was tied with the grill of the balcony of the second floor and another side was tied in the neck of his sister. When they removed the body, they found that she was no more. There were two chunnies tied with each other. His brother in law had given one diary maintained by his sister Kusum to the police and police seized the same vide seizure memo Ex PW 14/B bearing his signature. His brother in law identified 10 pages of the diary as writing of his sister.
32. PW16 Dr. Monisha has stated that on 31.01.2013, he was posted State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 23 as Assistant Professor in Department of Forensic Medicine, Maulana Azad Medical College, New Delhi. On that day, Dr. Manjunatha, JR conducted the postmortem examination on the dead body of Smt. Kusum, aged about 32 years. After conducting the postmortem examination, he prepared the detailed postmortem report No.96/13 dated 31.01.2013. A ligature mark was found around the neck of the deceased, details of which were mentioned in the PM report. No other injury was found on the dead body. It was opined that cause of death was asphyxia consequent upon hanging by ligature. He forwarded the PM report prepared by Dr. Manjunatha. He had identified the handwriting and signature of Dr. Manjunatha as he had worked under him. Dr. Manjunatha had left the services of the hospital and his present address is not available. The PM report No.96/13 is in the handwriting of Dr. Manjunatha, which is Ex.PW16/A bearing his signature and his signature. After the postmortem, the clothes of the deceased alongwith ligature material were sealed and handed over to the I.O. alongwith sample seal.
State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 24
33. PW17 SI Deepak Verma has stated that on 31/01/2013, he was posted at PS Anand Parbat as SI. On that day, further investigation of present case was marked to him and Ct Purshottam handed over original rukka and copy of FIR to him. Thereafter, he alongwith Ct Purshottam went to the spot i.e, T165, First Floot, near Shakti Mandir, Bhil Basti, Anand Parbat, Delhi. There he met ASI Om Prakash, members of crime team and family members of deceased. They saw that deceased was lying on the floor having tied of chunni at her neck. ASI Om Prakash handed over to him one suicide note alongwith seizure memo of the said note. He recorded statement of the members of crime team. Thereafter, he inspected the spot and prepared site plan at the instance of husband of deceased. Same is Ex PW17/A, bearing his signatures.
34. PW17 has further stated that thereafter, he sent dead body to mortuary of MAMC in the custody of ASI Om Prakash and Ct Purshottam. He directed ASI Om Prakash to conduct the inquest proceeding. Thereafter he recorded statement of husband of deceased State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 25 namely Devmani Vijay. In his statement, husband of deceased stated that he got married with deceased in the year 1997 and out of the said wedlock, two sons and one daughter were born and they were residing in the aforesaid house for about 67 years on rent. He also informed him that his inlaws are also residing nearby and used to visit him frequently and his wife was using 9953990377. He also informed that his wife had informed him around one year back that one person namely Ratan, who was resident of Bhil Basti used to try to talk with her and on one occasion, he had come to their house on the pretext of giving photographs and he had hot arguments with the in laws of complainant. He has further stated that his brother in law had handed over one suicide note of deceased to the police officer and he has identified handwriting on the suicide note to be the handwriting of his wife. Thereafter, he asked to provide admitted handwriting of deceased, on which, he produced one diary on which EXECUTIVE DIARY YEAR 1997 was written. The complainant identified 10 pages of said diary to be in the handwriting of deceased. The said diary was taken into possession vide memo Ex PW14/B State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 26 bearing his signature. He recorded statement of husband of deceased, brother of deceased namely Ashok, father of deceased and neighbor of deceased namely Mordhawaj. Mordhawaj stated in his statement that when he was going downstairs at about 6 am, he noticed that deceased was hanging on the first floor with chunni tied around her neck and the other end of the chunni was found tied with the grill of second floor. He also noticed that latches of the door of first floor were closed. He woke up husband of the deceased, who cried and all the occupants including in laws of complainant gathered over there and they brought the dead body down. Thereafter he went to the police station and family members of deceased were directed to reach at the mortuary. On the same day, in the evening, ASI Om Prakash alongwith Ct Purshottam returned to the police station and ASI Om Prakash informed that he had deposited the exhibits in the malkhana and he handed over seizure memo to him. He recorded their statements.
35. PW17 has further stated that on 01/02/2013, father of deceased State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 27 namely Ram Kripal and husband of deceased namely Devmani came to the PS and Devmani handed over another suicide note of deceased, which was found during cleaning their house. He seized the same vide memo Ex PW14/C, bearing his signatures. Thereafter, he accompanied them to their house and he recorded statement of deceased namely Savitri. Thereafter he had shown diary and both suicide notes to the son of deceased namely Vishal aged about 12 years, who had identified the handwriting of her mother on the aforesaid diary as well as on the suicide notes. He recorded supplementary statement of Devmani and Ram Kripal.
36. PW17 has further stated that on 04/02/2013, he deposited the exhibits at FSL, Rohini. Acknowledgement of case acceptance by FSL Rohini is Ex PW17/B, bearing his signatures.
37. PW17 has further stated that on 18/02/2013, he collected the postmortem report. During the investigation, he had verified the CAF of mobile number of deceased, which was issued in the name of one Tarnum. He made enquiries from said Tarnum, who denied to have State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 28 applied for the same. Thereafter, he handed over the file of present case to MHC(R), as he was transferred. He has identified two pieces of written papers as marked Q1 and Q2. The document Q1 is Ex PW12/F and document Q2 is Ex PW17/C. The diary containing A1 to A10 is Ex PW17/D.
38. PW18 Dr ManjuNatha has stated that on 31/01/2013, he was posted as JR at Maulana Azad Medical College, Lok Nayak Hospital, Delhi. On that day, he conducted postmortem examination on the dead body of Smt Kusum aged about 32 at the request of ASI Om Prakash from PS Anand Parbat. On examination, he observed ligature mark around the neck of the deceased and he mentioned its measurements and exact location in his PM Report. The postmortem was conducted by him under the supervision of Dr Monisha, Assistant Professor, Department of Forensic Medicines, MAMC, Delhi. After examination of the dead body, he opined that the cause of death was asphyxia consequent upon hanging by the ligature. He prepared his detailed PM report mentioning the external examination and State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 29 internal examination of the deceased, which is Ex PW16/A, bearing his signatures. He also handed over the clothes/chunni of the deceased in sealed condition to IO alongwith sample seal. He had identified before the court one pink and off white coloured chunni being same which was sealed by him with the seal of hospital i.e., MAMC as Ex P18/1.
39. PW19 Inspector Pradeep Kumar has stated that on 08/10/2013, he was posted at PS Anand Parbat as SI. On that day, the file of present case was marked to him from SI Deepak Kumar.
40. PW19 has further stated that on 22/10/2013, during investigation, he recorded supplementary statement of brother of deceased Ashok Kumar at his house i.e., T166 , Bheel Basti, Baljeet Nagar, Delhi. He made search for the accused Ratan but he could not be traced out.
41. PW19 has further stated that on 14/12/2013, he alongwith PW Ashok Kumar went to the house of accused situated at T29, Bheel State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 30 Basti, Baljeet Nagar, Delhi. At that time, constable Shailender was also with him. Accused Ratan was found present in his house. He was identified by PW Ashok Kumar. He interrogated accused and arrested him in the present case vide arrest memo Ex PW13/A which bears his signatures. His personal search was conducted vide memo Ex PW13/B which bears his signatures. The disclosure statement of accused was also recorded vide memo Ex PW13/C, which bears his signatures.
42. PW19 has further stated that accused was produced before the court concerned and he was remanded to JC. He also took the specimen handwriting of Ashok Kumar and Devmani Vijay (husband of deceased) and same were taken into police possession vide memo Ex PW11/A and Ex PWQ11/B which bear his signatures. He deposited the specimen handwriting of Ashok and Devmani Vijay at FSL Rohini. The original suicide note and diary had already been deposited by the previous IO SI Deepak at FSL.
43. PW19 has further stated that on 14/02/2014, further investigation of this case was assigned to SI Deepak as he proceeded State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 31 on long leave. He has identified before the court one diary Ex PW17/D and questioned documents and admitted documents. Three sheets reflecting the specimen handwriting of Ashok Kumar marked as S1, S2 and S3 as the same sheets on which Ashok Kumar gave his specimen handwriting. These are Ex PW19/A1 to A3. Three sheets reflecting the specimen handwriting of Devmani Vijay marked as S4, S5 and S6 as the same sheets on which Devmani Vijay gave his specimen handwriting. These are Ex PW14/E (colly).
44. PW20 SI Deepak Singh has stated that on 14/02/2014, he was posted at PS Anand Parbat as SI. On that day, further investigation of the present case was marked to him. He perused the case file and on 11/03/2014, he had called Sh. Devmani Vijay, husband of deceased, who came in the PS on 12/03/2014. He had produced the mobile phone alongwith SIM, which was used by his wife Kusum (since deceased). He had prepared the pullanda of the same with the help of white cloth and sealed the same with the seal of APRVT IV. He seized the same vide seizure memo Ex PW14/D bearing his signatures. He State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 32 recorded statement u/s 161 Cr.P.C of Sh. Devmani Vijay.After completing the investigation, he prepared the charge sheet and filed the same before court concerned. He has identified before the court one black and silver colour mobile phone model K66 having IMEI nos. 35157505003994 and 35157505003995 and Vodafone SIM no. 41315197439 having mobile phone no. 9953990377 as collectively Ex P2.
45. PW21 ASI Vijay Pal Singh has stated that on 31/01/2013, he was posted at PS Anand Parbat as HC and was working as MHC(M). On that day, SI Om Prakash had deposited two chunnies of pink and grey coloured and one sealed pullanda duly sealed with the seal of MAMC No. NA containing piece of chunni, which was tied around the neck of deceased alongwith sample seal. He made entry in this regard at serial no. 2018 of register no. 19, which is Ex PW21/A. The case property remained intact and not tampered with in any manner till it remained in his custody.
46. Statement of accused persons u/s 313 Cr.P.C recorded State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 33 separately, wherein he opted to lead defence evidence. But at the stage of leading defence evidence, accused submitted that he does not want to lead any defence evidence.
47. I have heard Ms. Suchitra Singh Chauhan, Ld. Addl. PP for State and Ld. Counsel for accused and gone through the record of this case.
48. In this case accused has been charged for the offenceu/s 306 IPC.
49. To prove its case, prosecution has examined PW1 to PW21 in all.
50. Public witness PW6 Ms. Tarannum has stated that she did not know the lady who committed suicide in the name of Kusum.
51. As she has not supported the case of prosecution, hence ld. Addl. PP for State had sought some clarification in which PW1 has stated that documents belonging of mobile phone 9953990377 are of her Ex PW6/A and Ex PW6/B but the same are not bearing her signatures. She has further stated that the same might be misplaced State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 34 from her as she applied for job.
52. PW7 Mr. Mordhwaj has stated that he had never seen the deceased and Devmani quarreling and they were living happily.
53. In the cross examination PW7 has stated that he is not aware about the reason why deceased had committed suicide.
54. PW8 is Smt Savitri. She has stated that her daughter was living happy married life with Devmani and her daughter had not made any complaint against her husband or her in laws till her death. She has further stated that she had no knowledge if any dispute had taken place between her son in law and accused regarding his entry in the house of her daughter Kusum without their permission, prior to the incident or about any undertaking given by accused to her son in law and her son Ashok for not visiting the house of her daughter in future.
55. PW8 has further stated that she cannot identify any document including the written paper Mark Q1 as she is illiterate. These are one State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 35 red coloured diary, six sheets of the specimen handwriting and one transparent polythene having two pieces of written paper marked Q1 and Q2.
56. In the cross examination by ld. Addl. PP for State, PW8 has stated that some altercation took place on the issue of visit of accused in her daughter's house with her son Ashok and accused had tendered apology and he undertook that he will not visit the house of her daughter.
57. In the cross examination by ld. Defence counsel, PW8 has stated that written piece of paper was not found by her son Ashok in her presence. She has also stated that her daughter used to write letter to other person even prior to marriage and had some mental problem since childhood and her daughter tried to commit suicide prior to her marriage also.
58. PW9 is Ram Kirpal. He has stated that his daughter Kusum had never made any complaint to him about her husband or her in laws State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 36 till her death. He has further stated that accused was not known to him prior to the incident but later on he came to know that he was residing in their neighborhood. He had no knowledge if any dispute had taken place between his son in law and accused Ratan regarding his entry in the house of his daughter Kusum without their permission, prior to the incident or about any undertaking given by accused to his son in law and his son Ashok for not visiting the house of his daughter in future.
59. It is contended by ld. Defence counsel that this statement of PW9 is hear say, hence cannot be relied upon in any manner.
60. In the cross examination PW9 has stated that his daughter had written letters to other persons on one or two occasions. He has also admitted that his daughter was mentally weak ever prior to her marriage and she made attempt to commit suicide on one occasion before her marriage.
61. PW14 is Devmani Vijay. He is husband of deceased. He has State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 37 stated that door of his room was bolted from outside, Mordhawaj opened the door and he came outside and saw that his wife Kusum had hanged herself with the help of chunni.
62. PW14 has not supported the case of prosecution, so has been cross examined by ld. Addl. PP for State. In the cross examination, he had admitted that he alongwith his wife and children was residing happily. He has denied that he had stated to the police that fivesix months before the day of incident, when he reached to his house in the evening hour, he saw accused was sitting, his brother in law Ashok and other in laws were present and some hot talks were going on with accused. He has also denied that accused called his family members and they tendered apology to them for the act of accused and accused undertook that he will not come to his house in future. He has also denied that one month prior to the incident, his wife Kusum told him that accused harassed her on phone and threatened his wife that he will ruined her life but he did not make any complaint in this regard to the police. He has also denied that his brother in law Ashok found State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 38 a written piece of paper written by his wife and in that paper his wife had written that for her death accused is responsible. He has further denied that said paper was given to the police by his brother in law. He has also denied that he and his brother in law have identified the writing of his wife. However, has identified the writing on the pages of the said diary of his wife.
63. PW14 has further denied that he had given a piece of paper written by his wife that "vijay I love you, meri maut mei mere pati va parivar ka koi kasoor nahi hai, meri maut ka jimmedar ratan hai" to the police, which was found by him during the cleaning of the room. However, voluntarily he has stated that his son found the said piece of paper. He has further identified the diary as Ex P1, his specimen writings as Ex PW14/E and Ex PW14/F and also admitted that writing of his wife is on Ex PW12/F. But again he has stated that the writing on Ex PW12/F of his wife and again he has stated that he cannot say so, then again stated that it is the writing of his wife but again said that it is not the writing of his wife. State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 39
64. PW15 is Mr. Ashok. He has also not supported the case of prosecution, so has been cross examined by ld. Addl. PP for State. In the cross examination by ld. Addl. PP for State, he has admitted that his sister and brother in law were residing happily and they had no dispute at any point of time. He has denied that he had stated to the police that 56 months prior to the incident, accused came to the house of his sister at around 3 pm, so he went there and saw that accused was present there or that he made enquiry from accused and his sister and they told him that accused came there for handing over the photographs or that he was disappointed with the act of accused as he came there without telling anyone due to that reason, some altercation took place with accused or that in the meantime, his other family members arrived there, thereafter accused called his family members and accused tendered his apology.
65. He has further denied that he has stated to the police that he found one piece of paper written by his sister, wherein it was written that"meri maut ka jimedar Ratan hai". He has also denied that he State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 40 handed over the said written piece of paper to the police or that the same was seized but he has admitted that his brother in law had given one diary of his sister to the police, which was seized in this case.
66. He has also denied that he had told to the police that most of the pages of the diary given by his brother in law to the police, were containing writing of his sister Kusum. He has also denied that he had stated to the police that on 31/01/2013 at around 6 am, when he reached at the house of his sister after hearing the shout of his brother in law, he found a piece of paper in right palm of his sister, while she was found hanging. He has also denied that he had told to the police that he identified the writing of his sister in the said piece of paper. He has also denied that he told to the police that accused was having relations with his sister and due to his abatment, his sister committed suicide.
67. In the cross examination, this witness has stated that his signatures were obtained by the police on blank papers from his State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 41 house. He heard about the suicidal letter written by his sister Kusum before her marriage even after her marriage and that his sister tried to commit suicide before her marriage.
68. Rest of witnesses are related to the investigation and same is not disputed. None of the independent witness has supported the case of prosecution in any manner and not only this, they have also contradicted with other about the cause of death and have failed to disclose about the circumstances of threats and blackmailing, which compelled Kusum to commit suicide. None of the witness has stated that accused abated Kusum to commit suicide. The writing in the diary and other suicide note have not been identified by the witnesses. Only PW14 Devmani Vijay had admitted that the diary belongs to his wife but he has in crossexamination denied that diary is in the handwriting of his wife. The diary was seized in this case vide memo Ex PW14/B bearing the signatures of Devmani and Ashok. Both have contradicted each other regarding seizure of diary in this case and handwriting of Kusum in the said diary.
State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat 42
69. In view of above, as none of the witnesses has supported the case of the prosecution and also failed to depose about the circumstances of threatening and blackmailing caused to deceased Kusum, which compelled her to commit suicide. Accordingly, prosecution has not been able to prove the offence U/Sec.306 of IPC beyond reasonable doubts. Hence, accused is acquitted for the same.
(Announced in open Court on 10.12.2019) (Virender Kumar Goyal) ASJ04, West District, Tis Hazari Court, Delhi State Vs. Ratan FIR No. 14/13 P.S. - Anand Parbat