Delhi District Court
Fir No: 64/99 1 State vs . Shri Bhagwan on 5 December, 2014
FIR No: 64/99 1 State vs. Shri Bhagwan
IN THE COURT OF MS. SHILPI JAIN, METROPOLITAN MAGISTRATE:
ROHINI, DELHI.
FIR No. 64/99
PS -Pr. Vihar
U/s. 498A/406 IPC
ID No. 02404R0248282003
05.12.2014
STATE VS. SHRI BHAGWAN
Date of institution : 17.12.1999.
Date of Commission of Offence : Since 19.11.1986(date of marriage)
Name of the Complainant : Sunita Verma
Name, parentage & Add. Of the
Accused : 1) Shri Bhagwan,
S/o late Sh. Ram Dhan Verma
2) Smt. Bhanmati
W/o late Sh. Ram Dhan Verma
Both R/o Village Ismila, 11B,
PS - Sampla, Distt. Rohtak,
Haryana.
Offence complained of : U/s 498A/406 IPC.
Plea of the Accused : Pleaded Not Guilty.
Final Order : Acquitted
Date for reserve of Order : 05.12.2014
Date of announcing of order : 05.12.2014
BRIEF FACTS & REASONS FOR SUCH DECISION:
1. The present FIR was registered at PS - Pr. Vihar against accused persons namely Sh. Bhagwan Verma (husband), Smt. FIR No. 64/99 State vs. Shri Bhagwan 1 of 17 FIR No: 64/99 2 State vs. Shri Bhagwan Bhanmati (mother in law), Saroj Bala (Sister in law) for the offences u/s. 498A/406 IPC. Gist of the complaint is as under:
2. The marriage of the complainant was solemnized with accused Sh. Bhagwan Verma on 19.11.1986 as per Hindu Rites and Ceremonies at Delhi. It is alleged that father of the complainant had spent handsome amount in the marriage of the complainant. Despite that accused persons were not happy with the dowry and accused persons taunted and harassed the complainant physically and mentally for not bringing sufficient dowry and they demanded more dowry. Just after the marriage mother in law took possession of all the costly istridhan articles and jewellery. All the keys of her almirah, suit case and boxes was in possession of accused Bhanmati and her costly silk sarees were distributed by the accused Bhanmati among her three sister in laws. Husband of the complainant that is accused Bhagwan Verma was employed in the Air Force and was posted in Guwahati at that time and when the complainant expressed her desire to join the company of her husband, she was sent to Guwahati after great reluctance by her mother in law but in the Guwahati also behaviour of her husband was not good to her and he said that he does not like the complainant. After few days she came back to her mother in law where she was made to work a lot in the household chores. Even after three years of marriage, complainant could not conceive and she was blamed for that and she got treated by some Neem Hakim in the village who recommended her to take pickle and green chilli alongwith chapati and complainant was stopped from taking milk, ghee and other food items. At that time husband of complainant was posted at FIR No. 64/99 State vs. Shri Bhagwan 2 of 17 FIR No: 64/99 3 State vs. Shri Bhagwan Gandhi Nagar and she went there to join the company of her husband for 1 - 1 ½ months but her husband never took her to the Army Hospital and she was taken to some civil hospital outside the Cantt. Area. Thereafter her mother in law called her back on the pretext that she is not feeling well. In February 1992 on the occasion of marriage of complainant's younger sister, she asked her husband to buy few good clothes but she was scolded badly by her husband and only prior to one week of marriage complainant was allowed to join the company of her sister. Mother in law of the complainant did not gave her jewellery and clothes to wear in the marriage. On the date of marriage husband of the complainant came in drunkened condition and misbehaved with her and her family members and thereafter complainant came back on 01.03.1992 thereafter she asked her husband to take her to her parental home as she wanted to meet her parents before leaving for Ahmedabad. On 26th of March complainant's husband took her to her parental home and left her there and her husband went to Ahmedabad all alone. On 02.04.1992 complainant was sent to Gandhi Nagar alongwith her brother by her mother. Husband of the complainant got annoyed to see her and asked her to go back but the brother of the complainant left the complainant with her husband. In June 1992 husband of the complainant again left her at her matrimonial home. Mother of the complainant had asked for the treatment of the complainant from her mother in law but she did not gave any reply. On 26th of June, complainant went to her parental home and from 1 st July onwards her treatment got started with the consent of accused persons. In the month of October, her treatment got completed and FIR No. 64/99 State vs. Shri Bhagwan 3 of 17 FIR No: 64/99 4 State vs. Shri Bhagwan she went to Gandhi Nagar alongwith her brother whereupon accused misbehaved and insulted the complainant. After one week in December 1992, husband of the complainant took her to the Baroda on the pretext of entertainment but he dropped her their as her father's workplace. In the meanwhile husband of the complainant got posted in Dalhoussie and he took her alongwith him. Thereafter, mother in law of the complainant got her treated by some Maharaj who gave poison like medicines to her. Thereafter accused started demanded Rs. 20,000/ from the complainant. On 12th of July complainant alongwith accused persons came back from Dal Houssie. When father of the complainant saw her bad condition he filed an appeal in Air Force Welfare Association and Air Force fixed Rs. 500/ PM as maintenance but accused persons never gave the said maintenance and never return istridhan articles and therefore complainant lodged a complaint with CAW Cell and CAW Cell referred the same to PS - Pr. Vihar for registration of FIR.
3. Investigation commenced and concluded by filing the charge sheet. Compliance of section 207 Cr.P.C was made. Arguments on charge were heard and charge U/s. 498A/406 IPC was framed against the accused Shri Bhagwan Verma and Smt. Bhanmati to which they pleaded not guilty and opted to face trial. Accused Saroj Bala was discharged by Ld. Predecessor. During the course of the proceedings accused Bhanmati (mother in law) got expired and proceedings stands abated against her.
4. In order to bring home the guilt against the accused prosecution has examined as many as nine witnesses.
FIR No. 64/99 State vs. Shri Bhagwan 4 of 17
FIR No: 64/99 5 State vs. Shri Bhagwan
a) PW1 is Sunita Verma / complainant who deposed that she
got married with the accused Shri Bhagwan on 19.11.86 as per Hindu rites and ceremonies at Delhi . At the time of marriage dowry articles as per the requirements of households were given by her parents. Copy of list of articles is exhibited as Ex. PW1/A. After marriage she went to martrimonial home in Rohtak, Haryana and just after the marriage her mother in law took all her jewellery articles and costly clothes and other articles in her possession. All the keys of almirah, suitcase and boxes were kept by her mother in law and her costly sarees were distributed by her mother in law among her three sister in laws. Her husband was employed in Air Force and was posted in Guwahati at that time so she went to Guwahati to join his company but in the Guwahati she was not allowed to talk to any one and she was not taken for outing by her husband. Her mother in law allowed her to stay with her husband for one month only and no child born out of said wedlock. Her mother in law made to do her all the household chores and blaimed her not giving birth to child. She further deposed that accused Bhanmati (mother in law) took her to a Neem Hakim who recommended her only to take pickle of green chilly with dry chapati and complainant was stopped from taking milk, ghee and other food items. At that time her husband was posted at Gandhi Nagar, Ahmedabad and complainant stayed with him for 1 - 1 ½ months only. She was not given proper medical treatment and her mother in law used to write letters to her husband to send her back. She further deposed that in February 1992 on the occasion FIR No. 64/99 State vs. Shri Bhagwan 5 of 17 FIR No: 64/99 6 State vs. Shri Bhagwan of her younger sisters marriage she asked her husband to get her few clothes but instead of bringing the demanded articles he scolded her very badly and her husband has not behaved properly on the occasion of marriage of her younger sister. On 26th of March her husband took her to Prashant Vihar and after leaving her there went to Ahmedabad. In April 1992 mother of complainant had sent her alongwith her brother to Ahmedabad but her husband got annoyed to see her and thereafter her husband tortured and harass her by not talking with her and by misbehaving with her. In June 1992 her husband brought her back and left her at her matrimonial home. On 26th of June complainant went to her parents house for some medical treatment and after completion of that treatment complainant went back to her husband but her husband was not happy with that. On December 1992 her husband took her to Baroda on the pretext of entertainment but he dropped her at her fathers workplace in Air Force after telling that he will take her back after one week. But her husband never came to take her back. Thereafter her husband got transferred at Dalhoussie and she joined the company of her husband over there. Her husband alongwith her mother, widow sister in law and sister in law's child were residing in Dalhoussie but there was only one room accommodation available and she was complainant was very uncomfortable and she was harassed by the accused persons. Her husband used to say that complainant is not charming and he will get remarried as he is having relations with many women.
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FIR No: 64/99 7 State vs. Shri Bhagwan
Complainant was not permitted to enter the kitchen by all the accused persons. After one month complainant alongwith accused persons returned back to Ismaila and on Teej complainant was taken to her parental home by her father. Thereafter husband of the complainant never came to take her back and mother in law of the complainant told her father on phone that complainant is not required in her matrimonial house. In December 1994 father of the complainant moved application in Air Force for compromise but husband of the complainant refused to take her back. Complainant also deposed that she was also harassed by her mother in law and husband for Rs. 20,000/ cash. During cross examination complainant categorically deposed that no dowry demand was posed by the accused persons at the time of marriage as well as during her first day in her matrimonial home. She further deposed that during her stay with the accused Shree Bhagwan in Guwahati she was not beaten up by accused and no complainant was made by her to her parents. She gave complaint in Nari Niketan in 1998 in the month of September only and prior to that she never made any complaint to any PS. She further deposed that she do not remember the date specifically but she thinks that in the year 1991 her husband started demanding Rs. 20,000/ from her. She admitted that Rs. 20,000/ was not given to the accused and no complaint regarding the said demand had ever been lodged with any PS.
b) PW2 is WSI Sushila Duty Officer who proved the registration of present FIR as Ex. PW2/A. FIR No. 64/99 State vs. Shri Bhagwan 7 of 17 FIR No: 64/99 8 State vs. Shri Bhagwan
c) PW3 is HC Sudesh Kumar who proved the inquiry report as Ex. PW3/A and notices issued to parties for conciliation proceedings as Ex. PW3/C and PW3/D.
d) PW4 is Shri Ram Kumar, resident of the village of accused Shri Bhagwan who deposed that complainant had got recovered her istridhan from the house of accused around 1012 years back with the assistance of police.
e) PW5 is Shri Prakash Chand Verma, father of the complainant who deposed that complainant told him that her mother in law took all the jewellery articles and expensive clothes and distributed some of them to her daughters. He further deposed that accused Shri Bhagwan took her daughter to Guwahati and made life of complainant miserable by not allowing her to interact with the neighbours and his colleagues in social gathering. He further deposed that accused Shri Bhagwan kept her daughter in Guwahati for two months and thereafter left her at her matrimonial home in Rohtak. Accused Shri Bhagwan refused to take her daughter to his another posting at Ahmedabad and left his daughter at his house without any ornament and accused gave false assurance that he will bring those ornaments later but never returned the same. He further deposed that accused persons used to completed all the household work by his daughter and never helped her. Accused used to ask an amount of Rs. 20,000/ in dowry from his daughter and accused persons used to torture her mentally and physically.
f) PW6 is Sh. Shobha Ram, Deputy Sarpanch in the year 1999. He FIR No. 64/99 State vs. Shri Bhagwan 8 of 17 FIR No: 64/99 9 State vs. Shri Bhagwan deposed that he know the accused Shri Bhagwan and wife of accused came with police in the year 1999 and she took her 182 articles as per list Ex. PW1/C.
g) PW7 is Smt. Krishna Devi, mother of complainant who deposed that on 19.11.86 her daughter Sunita Verma married with accused Shri Bhagwan and they spent heavily in the marriage and gave all dowry articles. She deposed that just before marriage, father in law of her daughter was expired and due to that reason accused mother in law told that they will take their daughter back for Fera only after 13 days and her daughter was taken back after Tehravi. Accused Shri Bhagwan failed to take care of her daughter for six months. She further deposed that accused took her daughter to Guwahati for one month but mother in law of complainant was sending letter to call her daughter on the pretext that she was ill. She deposed that accused left her daughter in the year 1993 and never took care of her after that. As PW2 was resiling from her statement she was cross examined by Ld. APP for State wherein she deposed that accused Bhanmat and Shri Bhagwan demanded dowry from her daughter just after the marriage and grabbed her all dowry articles/istridhan. During cross examination by defence counsel PW7, mother of the complainant categorically deposed that her daughter resided in matrimonial till 1994 and in the year 1996 her husband brought the complainant back to her parental home.
h) PW8 SI Praveen Arora proved endorsement on complaint as Ex.
PW8/A.
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FIR No: 64/99 10 State vs. Shri Bhagwan
i) PW9 is Inspector Vineet Shukla, IO of the case who deposed that he got recovered istridhan articles in the presence of the accused Shri Bhagwan and complainant vide seizure memo Ex. PW1/C. He also proved seizure of marriage card vide Ex. PW5/B. During cross examination he deposed that at the time of seizure of dowry articles complainant alongwith her father was present and he also called Shoba Ram and Rajender Singh who are residents of that area. Istridhan articles were correctly identified by the complainant.
5. Statement of the accused Shri Bhagwan Verma has has been recorded u/s 313 Cr.P.C., after putting all the incriminating evidence and documents on record. Accused Shri Bhagwan stated that he is innocent and has been falsely implicated in the present case and he never demanded any money from the complainant and never gave her beatings and opted to lead DE.
6. Accused Shri Bhagwan examined himself as the sole defence witness and deposed that after the marriage complainant started residing with him at Guwahati and in the year 1994 on the occasion of Raksha Bandhan, complainant's father took her back to her parental home after giving assurance that she will return soon but complainant never joined the accused after said festival despite request being made by the accused several times. Thereafter accused came to know that complainant has filed an application for maintenance before his senior officer from where she was awarded maintenance of Rs. 500/ per month. Thereafter accused came to know FIR No. 64/99 State vs. Shri Bhagwan 10 of 17 FIR No: 64/99 11 State vs. Shri Bhagwan that she has filed present case also. Thereafter police persons of CAW Cell visited the house of accused alongwith father of complainant and took all the dowry articles identified by complainant. He also deposed that father of complainant has written several letters to him including letter dated 01.8.1992 wherein it is mentioned that complainant having some psychological problem. Said letter is marked as mark A. Thereafter divorce took place between accused and complainant and both of them got remarried with some other person. It is further deposed that accused neither gave any beatings nor treated the complainant with cruelty at any point of time. And at the time of marriage of complainant's younger sister in the year 1992 accused presented gifts of around 78000/ .Accused was duly cross examined by |Ld. APP for State but nothing material came out in his cross examination and matter was fixed for final arguments.
7. Final arguments heard on behalf of accused person as well as on behalf of the State and record perused.
8. The charges against the accused person are of two fold first U/s. 498A IPC and second U/s. 406 IPC. Before proceeding further to prove and analyze various testimonies, I shall deem it appropriate to enumerate the essentials of offence which the prosecution is under a mandate to prove. I shall deal with them one by one.
For better appreciation of facts Section 498A IPC is reproduced as under: "Section 498A IPC provides as under;
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FIR No: 64/99 12 State vs. Shri Bhagwan
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 the woman to commit suicide or to cause grave injury or danger to life, limb or heath (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 her such demand."
The word 'harassment' in ordinary sense means to torment a person subjecting him or her through constant interference or intimidation. If such tormentation is done with a view to coerce any person and in this case, the wife to do any unlawful act and in this case to meet the unlawful demand of property or valuable security, it amounts to "harassment" as contemplated by S.498A. Word 'Coercion' means persuading or compelling a person to do something by using FIR No. 64/99 State vs. Shri Bhagwan 12 of 17 FIR No: 64/99 13 State vs. Shri Bhagwan force or threats. Thus to constitute offence following ingredients/tests are essential:
(i) Woman should be tormented i.e. tortured either physically or mentally through constant interference or intimidation.
(ii) Such act should be with a view to persuade or compel her to do something which she is legally or otherwise not expected to do by using force or threats;
(iii) Intention to subject the woman should be to compel or force her or her relatives to fulfill unlawful demands for any property or valuable security.
9. In the instant case, complainant Sunita alleged that she was harassed and tortured mentally and physically by the accused Shri Bhagwan (husband) and Bhanmati (mother in law) for the sake of dowry and entire dowry articles are in possession of accused Bhanmati. Perusal of the evidence of complainant reveals that she has levelled all the material allegations against her mother in law Bhanmati who has already expired, therefore there is no need to discuss the evidence and allegations levelled against the accused Bhanmati.
10. So far as evidence and allegations against accused Shri Bhagwan (husband) is concerned PW1 - Sunita deposed in her examination in chief that accused Shri Bhagwan did not allow her to talk to anyone and did not took her for the outing when she stayed with him at Guwahati. Degree of cruelty for the purpose of section 498A IPC is much more higher than any other provision and a person cannot be held guilty under Section 498A IPC for not taking his wife for the FIR No. 64/99 State vs. Shri Bhagwan 13 of 17 FIR No: 64/99 14 State vs. Shri Bhagwan outing. She further deposed that her husband used to taunt her for her not having good looks but such kind of taunting cannot be termed as harassment and cruelty falling within the scope of section 498A IPC and at the most it can be termed as normal wear and tear between husband and wife. She further alleged that her husband did not get her clothes and articles at the time of her younger sister's marriage and scolded her. On the contrary her husband has categorically deposed in defence evidence that at the time of marriage of complainant's younger sister he presented gifts of around 78000/. Both the parties have raised rival oral contentions without filing any documentary proof for the same and it is settled law that when two versions are possible, benefit of doubt should be given to accused. Complainant further deposed that accused tortured and harassed her by not talking to her and by misbehaving with her. However, she has not explained specifically that how and in what manner accused misbehaved with her. No details and specifications of alleged torture and harassment have been given by the complainant for the reasons best known to her. Complainant has nowhere alleged any specific dowry demand ever being made by her husband except one line allegation that she was harassed by her mother in law and her husband for Rs. 20000/ cash without mentioning any day, date, time and month of said demand. Furthermore in the cross examination complainant has categorically deposed that she did not remember specifically the date of demand and Rs.20000/ had never been given to the accused and no complaint regarding the said demand had ever been lodged with any PS. In view of aforesaid deposition there is no evidence of the alleged dowry FIR No. 64/99 State vs. Shri Bhagwan 14 of 17 FIR No: 64/99 15 State vs. Shri Bhagwan demands by the accused. Furthermore, during cross examination complainant Sunita Verma has categorically deposed that no dowry demand was posed by the accused persons either at the time of marriage or during her first stay in the matrimonial home. She also deposed that she was not beaten up by the accused Shri Bhagwan during her stay in Guwahati with him. All the other allegations of harassment, taunting, cruelty are against mother in law Bhanmati who has already expired and nothing incriminating against the accused Shri Bhagwan has come on record from the appreciation of evidence of complainant as discussed above and therefore there is no need to discuss and appreciate testimony of PW5 Sh. Prakash Chand Verma (father of the complainant) and PW7 Smt. Krishna Devi (mother of complainant) being hearsay evidence derived from the knowledge of complainant. Other police witnesses are formal witnesses and in such kind of cases guilt of the accused can be established beyond reasonable doubt by the testimony of star witness i.e. complainant. In the present case prosecution failed to prove that the accused Shri Bhagwan is guilty beyond reasonable doubt and therefore benefit of doubt goes to the credit of accused. Accordingly, accused Shri Bhagwan stands acquitted for the offence U/s 498A IPC.
11. For punishment for criminal breach of trust U/s.406 IPC, offence of Criminal Breach of Trust as defined under Sec.405 IPC is to be proved. Section 405 IPC is reproduced as under: Section 405 Criminal breach of trust Whoever, being in any manner entrusted with property, or with any dominion over FIR No. 64/99 State vs. Shri Bhagwan 15 of 17 FIR No: 64/99 16 State vs. Shri Bhagwan property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposed of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied which he has made touching the discharge of such trust, or willfully suffer any other person so to do, commits "criminal breach of trust".
Considering the definition as mentioned above, the basic requirements to bring home the accusation u/s. 405 IPC is to prove cojointly (1) entrustment with property or with any dominion over property.
(2) whether the accused was actuated by the dishonest intention in misappropriating it or converting it to his own use to the detriment of the person who entrusted it.
12. In the instant case, PW1 Sunita / complainant has deposed in her chief that all her jewellery articles and costly clothes were taken by the accused Bhanmati (mother in law) soon after her marriage. When the complainant has herself deposed in her examination in chief that her istridhan articles were taken by the accused Bhanmati , there is no question and allegation of entrustment of dowry articles to the accused Shri Bhagwan. As admittedly dowry articles were handed over to the accused Bhanmati, the question of entrustment and misappropriation of dowry articles by the accused Shri Bhagwan does not arise. From the appreciation of evidence it is quite clear that dowry articles had never been entrusted and misappropriated by the accused Shri Bhagwan. Therefore, the FIR No. 64/99 State vs. Shri Bhagwan 16 of 17 FIR No: 64/99 17 State vs. Shri Bhagwan accused Shri Bhagwan stands acquitted for the offence U/s 406 IPC also.
13. In view of the discussion above, the prosecution has failed to the prove that the accused Shri Bhagwan had committed the alleged offences, U/s 406 & 498A IPC. Accordingly, accused Shri Bhagwan stands acquitted of the offences U/s 498A/406 IPC. However, his surety bond shall remain extended till six months from today U/s 437 A Cr.P.C. File be consigned to record room after necessary compliance.
(SHILPI JAIN) METROPOLITAN MAGISTRATE MAHILA COURT/ROHINI/DELHI.
Announced in the open court today i.e. 05.12.2014.
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