Delhi District Court
State vs . 1. Vinod Verma, on 26 September, 2011
IN THE COURT OF SH. VIRENDER BHAT, A.S.J., DWARKA
COURTS, NEW DELHI.
SC No.57/10.
Unique Case ID No.02405R0380932010.
State Vs. 1. Vinod Verma,
S/o Sh. Vijay Kumar,
R/o G24, Nand Ram Park,
Uttam Nagar,
New Delhi.
2. Smt. Rekha,
W/o Sh. Vijay Kumar,
R/o G24, Nand Ram Park,
Uttam Nagar,
New Delhi.
3. Sh. Santosh Verma,
S/o Sh. Vijay Kumar,
R/o G24, Nand Ram Park,
Uttam Nagar,
New Delhi.
4. Deepak,
S/o Sh. Vijay Kumar,
R/o G24, Nand Ram Park,
Uttam Nagar,
New Delhi.
SC No.57/10. Page 1 of 23
Date of Institution : 10.9.2010.
FIR No. 184 dated 04.6.2010.
U/s. 498A/304B/34 IPC.
P.S. Bindapur.
Date of reserving judgment/Order : 21.9.2011.
Date of pronouncement : 26.9.2011.
JUDGMENT
1. A lady namely Sangeeta lost her life on 03.6.2010. She is alleged to have died by hanging by a Saari from the ceiling of kitchen of the rented accommodation, in which she had been residing alongwith her husband and inlaws. She was married to accused Vinod Verma on 08.3.2009. Accused Rekha was her motherinlaw and accused Santosh Verma as well as Deepak were her brothersin law.
2. It is alleged in the Charge Sheet that all the four accused had been harassing and torturing the deceased since the day one after her marriage with accused Vinod Verma for bringing less dowry and have been making demands for more dowry. Accused Vinod had SC No.57/10. Page 2 of 23 made a demand for motorcycle and Rs.25,000/ in cash, which the parents of the deceased were not in a position to fulfill owing to precarious financial condition. It is the case of the prosecution that the deceased took extreme step to end her life when she found the cruelty meted out to her and the dowry demands made to her intolerable.
3. On committal of the case to this Court, following Charges were framed against all the four accused on 21.12.2010 :
"That on 03.06.2010 at G24, First Floor, Nand Ram Park, Uttam Nagar, Bindapur, New Delhi, within the jurisdiction of PS Bindapur, Smt. Sangeeta (deceased) W/o Vinod Verma, was found dead by hanging otherwise than under normal circumstances within seven years of her marriage and that soon before her death, she was subjected to cruelty or harassment by you accused persons namely Vinod Verma being husband, Smt. Rekha being motherinlaw, Santosh Verma and Deepak being brothersinlaw of deceased in connection with demand of dowry and you all thereby committed an offence punishable U/s 304B/34 IPC and within the cognizance of this court.
SC No.57/10. Page 3 of 23
Secondly, between the period 8.3.2009 to 03.06.2010, you all subjected Smt. Sangeeta to cruelty and thereby committed an offence punishable U/s.498A/ 34 IPC and within the cognizance of this court."
4. In view of the directions issued by the Supreme Court in SLP (Criminal) No.9507/10 titled Rajbir @ Raju and another Vs. State of Haryana, Charge u/s.302/34 IPC was also framed against all the four accused on the same day in following terms :
"That on 03.06.2010 at G24, First Floor, Nand Ram Park, Uttam Nagar, Bindapur, New Delhi, within the jurisdiction of PS Bindapur, you all in furtherance of your common intention committed murder of Smt. Sangeeta (deceased) W/o accused Vinod Verma and thereby committed an offence punishable U/s 302/34 IPC and within the cognizance of this court."
5. The prosecution has examined 18 witnesses to prove the Charges against the accused. Ld. APP also tendered FSL report in evidence which is Ex.PX. Statements of the accused u/s.313 Cr.PC were recorded on 12.8.2011. All of them have denied that they SC No.57/10. Page 4 of 23 inflicted any cruelty upon the deceased or made any dowry demand to her. They stated that the deceased committed suicide on her own as she was not happy in marriage with accused Vinod. Accused Vinod has further stated in his statement u/s.313 Cr.PC that after the marriage, he developed Hernia, for which he was getting treatment. He could not satisfy the physical requirements of Sangeeta and she developed clandestine physical relations with his brother accused Santosh, about which he came to know on 02.5.2010 when Sangeeta had cut the veins of her right hand. When he had asked her about the reason for the same, she told him that she is not happy with him and wants to marry his brother i.e. accused Santosh. He apprised Mausi (maternal aunt) as well as parents of Sangeeta about the same, but they also did not make any attempt to prevail upon the deceased. He also stated that the deceased committed suicide as she was not happy with him.
6. Similarly, accused Santosh Verma stated in his examination u/s.313 Cr.PC that the deceased was not having good character and they had refused to solemnize the marriage of accused Vinod with her. However, at the insistence of Sangeeta's Mausi, they relunctantly solemnized the marriage. After the marriage, accused SC No.57/10. Page 5 of 23 Vinod suffered from Hernia and was getting treatment for the same. He also stated that Sangeeta used to ask him to marry her and she even had illicit relations with him. She threatened him that she would kill herself if he will not marry her. She told him that she will talk to her parents in this regard and would persuade them for this marriage and would also bring money from them for the expenses of the court marriage. He refused this offer of the deceased as it was not proper to do so. He also stated that on 22.5.2010 accused Vinod Verma saw him and Sangeeta in compromising position inside the house. Out of fear, Sangeeta ran away from the house but was brought back and thereafter, she committed suicide on 03.6.2010.
7. To the same effect is the statement of accused Deepak Verma u/s.313 Cr.PC. Accused Rekha Verma has also stated in her examination u/s.313 Cr.PC that the marriage of accused Vinod Verma was performed under pressure as they were not in favour of this alliance for the reason that they had come to know that deceased Sangeeta was not having good character. According to her, deceased did not like accused Vinod Verma as he was not keeping well and she had been saying so to her mother also on phone.
SC No.57/10. Page 6 of 23
8. Ld. APP submitted that the statements of the parents of the deceased recorded by the SDM as well as their testimonies before this Court makes it explicit that the deceased was being beaten by the accused and was regularly harassed for not bringing more dowry. He would submit that the deceased committed suicide for the reason that the torture and cruelty inflicted upon her by the accused had crossed limits of her tolerance and, therefore, the accused are liable to be convicted u/s.498A/304B/34 IPC. According to him, the accused have created a false story in their defence, which they have mentioned in their statements u/s.313 Cr.PC in order to mislead this Court and shield themselves from the punishment for their illegal acts.
9. On the other hand, Ld. Counsel for the accused submitted that the prosecution has miserably failed to establish that the accused made dowry demands to the deceased or treated her with any cruelty;. He submitted that the mother of the deceased has admitted in her cross examination that the deceased had asked her on telephone to get her married with accused Santosh and had also demanded money from her for court marriage. He further submitted that the parents of the deceased have admitted the genuineness of phone conversation between them and the deceased, the transcript of which is on record SC No.57/10. Page 7 of 23 and which shows that the deceased had developed a liking for accused Santosh and wanted to marry him. He submitted that the deceased committed suicide only for the reason that she was not permitted to leave accused Vinod Verma and to marry his brother accused Santosh Verma. He further submitted that none of the accused can be held responsible for the death of Sangeeta and all of them are liable to be acquitted.
10. I have considered the submissions of Ld. APP, Ld. Counsel for the accused and have perused the entire record.
11. Even though, it is the case of the prosecution itself that the deceased committed suicide, yet I may note here that the testimony of PW10, the concerned SDM and PW8, one of the neighbours of the accused, also establishes that the death of the deceased was a suicidal and not homicidal. The deposition of PW8 is very material in this regard.
12. According to him (PW8), on a day in March/April, 2010 when he was present in his house at about 9 a.m., accused Rekha shouted towards him asking him to come to her house as something SC No.57/10. Page 8 of 23 had happened. He went to the house of the accused and found that kitchen on the first floor had been bolted from inside. Accused Vinod was also present there at that time. There was a wirenet on a portion of a door of kitchen, from where he saw wife of Vinod hanging from the hook in the roof of the kitchen with the help of a Saari. Accused Vinod inserted his hand through the wirenet and opened the bolt of the door from inside. Accused Vinod and he went inside the kitchen. He held the deceased in his lap and pushed her upward, whereas accused Vinod cut the Saari with a knife and they brought the deceased down and laid her on the bed. Accused Vinod gave her a glass of water, which the deceased drank and thereafter, he returned to his house. In answer to a leading question put to this witness by Ld. APP, he admitted that the incident had taken place on 03.6.2010. He has given his statement to the police also on the same lines.
13. As per the MLC Ex.PW2/A and the postmortem report Ex.PW8/A, no external injuries were found on the body of the deceased except ligature marks, which goes on to show that no violence had taken place with the deceased before her death.
14. Thus there remains no doubt that the deceased had SC No.57/10. Page 9 of 23 committed suicide. Therefore, Charge u/s.302 IPC against the accused fails and the accused are liable to be acquitted of the said Charge.
15. Now what remains to be seen is that what lead the deceased to commit suicide, whether she did so on account of harassment and torture meted out to her by the accused or for any other reason.
16. The brother of the deceased has been examined as PW1. In his examination in chief, he has vaguely stated that his sister was being harassed by her inlaws without mentioning the specific manner, in which she was being harassed. In the cross examination, he says that his sister had told him on phone that she is being harassed and tortured by her inlaws and she pleaded him to come at Delhi alongwith money.
17. The father of the deceased had appeared as PW11 for the prosecution. He deposed that after the marriage of her daughter Sangeeta, accused Vinod used to demand motorcycle and Rs.25,000/ in cash. He could not fulfill this demand as he had given enough SC No.57/10. Page 10 of 23 dowry at the time of marriage as per his capacity. He further stated that accused Santosh, accused Deepak, their father Vijay Kumar, their mother accused Rekha and their maternal grandmother Smt. Krishna used to harass her daughter for not bringing sufficient dowry. Sangeeta used to call them and requested them to fulfill their demands. According to him on 24.4.2010, Sangeeta had called him on telephone saying that if he wanted to see her alive, he should arrange money and give the same to her inlaws. As he did not have money at that time, he sent his son PW1 to see the condition of Sangeeta. PW1 visited the matrimonial house of Sangeeta and asked them to send Sangeeta with him but they refused to oblige him. He then states that on 03.6.2010 accused Vinod informed him on phone about the death of Sangeeta. In his cross examination, he stated that the marriage Sangeeta with accused Vinod was performed at Dharamshala near the house of accused. He had taken his daughter to Dharamshala for the solemnization of marriage and the expenses of the marriages were shared by him and family of the accused equally. He admitted that he had not stated to the police in his statement about his telephonic conversation with Sangeeta on 24.4.2010 and his sending PW1 Arun to the matrimonial home of Sangeeta pursuant to that telephonic conversation. He could not say whether Sangeeta was not happy with SC No.57/10. Page 11 of 23 her marriage with accused Vinod Verma, he did not recollect the exact date when accused Vinod Verma demanded motorcycle and Rs. 25,000/ in cash. During the course of his cross examination, the Ld. Counsel for the accused had played the telephonic conversation from the memory card of the mobile phone of accused Santosh. After hearing the conversation, this witness had admitted that it is between his daughter Sangeeta on one side and his son, himself and his wife on the other side. It is necessary to reproduce the transcript of that conversation hereunder :
"Ist Track Male : take it.
Sangeeta : Hello!
Arun : Hello!
Sunita : Who?
Male : Sangeeta's Mummy is talking.
Sangeeta : .............
Sunita : Hello! Yes.
Sangeeta : I had told Bhaiya brother that I do not want to talk to you. I am dead for your.
Sunita : Hello! Listen. Just be patient.
Sangeeta : What patience.
SC No.57/10. Page 12 of 23
Sunita : Hello! We are talking to you, you should
listen to us.
Sangeeta : I had told you that mummy is demanding Rs. 15,000/.
Sunita : For what Mummy is demanding. I have mentioned your name that you are demanding money. Sangeeta : Mind your manners.
Sunita : What have I said.
Sangeeta : I have told you that there is no need to call me henceforth. I am dead.
Sunita : Hello! Tell me what has happened? Sangeeta : What should I say.
Sunita : Hello! Just listen us, have patience. Sangeeta : I do not want to listen to you.
Sunita : Why not?
Sangeeta : I am dead. There is no need to telephone me henceforth. Sangeeta is died.
Sunita : Relations do not end this way.
Sangeeta : Yes, it ends.
Sunita : Hello! You are saying so in anger that
relations end this way? Just listen to us also. Apply your SC No.57/10. Page 13 of 23 mind.
Sangeeta : Yes. What to listen?
Sunita : Always have patience.
Sangeeta : Yes, tell me, what do you want me to listen. Sunita : I am saying that you should live peacefully, I will come.
Sangeeta : No need.
Sunita : Papa will come. I will come. Sangeeta : No Need.
Sunita : We all will solve your problem and will listen to you. How can we leave you as such. Sangeeta : I told you there is no need to come. Sunita : What have I said that you are behaving so. I did not commit any mistake.
Sangeeta : I am making a mistake, you haven't. Sunita : It doesn't matter who has committed mistake. I am saying that we will solve the problem of bride. How can we leave you there.
Sangeeta : I am dead for you.
Sunita : How can you be dead for us. I had said that we consider you dead.
SC No.57/10. Page 14 of 23 Sangeeta : Wasn't uncle saying that he will fire upon me.
Sunita : Uncle may have said so. He said so on his own. We did not say so. Have patience. We will come and solve all problems.
Sangeeta : I have told you that there is no need to come.
Sunita : Why?
Sangeeta : No need to come.
Gyaprasad: Sangeeta, Sangeeta. Sangeeta : Yes.
Gyaprasad: Hello! child, we are coming, in just one or two days. We will not take much time. Sangeeta : Papa, when I had asked, you did not come. Now what is the need to come.
Gyaprasad: Hello! He was on duty, how could we come? Sangeeta : He always remains on duty. Gyaprasad: So what to do, job is job. Sangeeta : Do your job.
Gyaprasad: Look, child, there is no such thing. Sangeeta : No, it is so.
Gyaprasad: See.
SC No.57/10. Page 15 of 23 Sangeeta : See, now stop this.
Gyaprasad: What to stop?
Sangeeta : I do not want to talk to you.
Sunita : Why?
Sangeeta : I have said that I do not want to talk. Sunita : Why are you not talking? Are we dead for you?
Sangeeta : Yes. You are.
Sunita : ..............
Sangeeta : ..............
Sunita : What is our mistake?
Sangeeta : I do not know your mistake. Sunita : We are coming, we will prevail and will collect all the information.
Sangeeta : I have said that there is no need to come here. I don't care if you are coming.
Sunita : Why should we not come?
Sangeeta : Don't come. I have refused.
Sunita : Then tell us, what do you want. What do you
want, tell us?
Sangeeta : Did I not tell to Bhaiya?
SC No.57/10. Page 16 of 23
Sunita : You had told Bhaiya that the relation has
come to an end. Life does not come to end like this. Sangeeta : Yes, life finishes in such a way. Sunita : When neither you are at fault, nor we are at fault, how can we terminate relationship like this. Sangeeta : You will see, how would the relationship come to an end.
Sunita : We have told you that relationship would not end in any way. How are you terminating the relationship.
Sangeeta : I have refused.
Sunita : So, just talk, only four days have gone by. Sangeeta : You such persons are not worthy to be talked.
Sunita : How did I talk?
Sangeeta : I do not want to talk. What do I talk? Sunita : How to talk, what to talk, stop this. You do not talk, we are coming in four days. Have patience. Apply your mind. Do not lose tamper. Live comfortably. Live peacefully. OK.
SC No.57/10. Page 17 of 23 IInd Track Daughter Sangeeta : Hello! Hello! Hello! Hello! Babita! Yes, What, where is Mummy, Let her to talk to me.
Mother Sunita : Yes, Sangeeta, What is the matter? Daughter Sangeeta : I am telling that I am getting married with Santosh.
Mother Sunita : Why is it so? Tell me everything, then only I will think over it.
Daughter Sangeeta: Do you have any objection that the people are not cooperating. Are you supporting me or not?
Mother Sunita : Sangeeta, tell me what is defect in Bunty or is he not fit for you that you are marrying Santosh.
Daughter Sangeeta: I am marrying Santosh. Tell me, if you have any problem.
Mother Sunita : See, engagement of Santosh has been fixed, he will get married and then he will leave you. What will you do. I am anxious?
Daughter Sangeeta : Leave the things upon me, Mummy. SC No.57/10. Page 18 of 23 Mother Sunita : We are seeing dark future for you. My anxiety is that what problem do you have with Bunty. Tell me clearly and then only will I help you. I will talk to family members.
Daughter Sangeeta : If you had given money on that day, I would have got married that day. Mother Sunita : Tell me the reason, why are you doing so?
Daughter Sangeeta: I neither want to live with Bunty nor shall I will live with him. You just tell me whether you are giving me money.
Mother Sunita : Daughter, give me 4/5 days time? Daughter Sangeeta: OK, Mummy, I will need money. Mother Sunita : Don't worry about that, I will be coming after managing all the things by persuading your Papa.
Daughter Sangeeta : If I cannot manage here, I will come there to do the needful. Mummy, talk to Santosh.
Mother Sunita : What shall I tell him?
Why are you not talking to Santosh? I am not seeing your welfare in it. You SC No.57/10. Page 19 of 23 just do one thing, I will get you married somewhere else. Daughter Sangeeta : I will no go anywhere else. Mother Sunita : You are deliberately spoiling your life. What is the will of your family members? Daughter Sangeeta : Please talk in low tone, otherwise, Mummy, Papa will rise up and everything will be spoiled. Mother Sunita : Santosh was complaining about you that Sangeeta is going to commit a big blunder. Daughter Sangeeta: Leave that upon me, I will prevail upon him.
18. The mother of the deceased had been examined as PW12. In her examination in chief, she also stated that after the marriage, deceased Sangeeta was regularly harassed by her husband, parentsin law, daughter in law and maternal grandmother of accused Vinod. According to her, Sangeeta was not being given enough food to eat and was left thirsty. They used to demand money and other goods like twowheeler etc. She also stated that three months after the marriage, Sangeeta was asked to bring Rs15,000/. According to her on 24.4.2010, she received a phone call from Sangeeta, who asked her to come immediately to her matrimonial home alongwith money. Then SC No.57/10. Page 20 of 23 she stated that on 03.6.2010 they received a phone call from Sangeeta, motherinlaw that Sangeeta has hanged herself. In her cross examination, she stated that Sangeeta was happy in marriage with accused Vinod. She admitted that her daughter Sangeeta had asked her on telephone to get her married with accused Santosh. She also stated that the deceased had told her that she is willing to marry Santosh and even demanded money from her for court marriage. The aforementioned telephonic conversation was played to this witness also during her cross examination and she also admitted that it is between her daughter Sangeeta on one side and her son, herself and her husband on the other side.
19. A close scrutiny of the testimonies of PW11 and PW12, the material witnesses for the prosecution reveals that they have not mentioned any specific dates when the dowry was demanded from their daughter Sangeeta and the specific manner in which Sangeeta was harassed and tortured by the accused. The telephonic conversation allegedly between Sangeeta and her parents on 24.4.2010 appears to be an improvement as neither PW1 nor PW11 or PW12 has mentioned so in their statements to the police. The allegations regarding dowry demands and harassment seems to be absolutely vague, baseless and SC No.57/10. Page 21 of 23 concocted. The telephonic conversation between PW1, PW11 and PW12 with deceased Sangeeta as noted hereinabove, in fact, proves the defence taken by the accused in their statement u/s.313 Cr.PC. The said conversation is duly admitted by PW11 and PW12 during their cross examination. It explicitly, shows that the deceased was not happy in her marriage with accused Vinod and she wanted to solemnize marriage with accused Santosh. She wanted to put an end to her alliance with accused Vinod, but her parents were not in favour of the same and they tried to prevail upon her in continuing her wedlock with accused Vinod. The parents of Sangeeta used to tell her that they see a very dark future for her if she solemnized the marriage with accused Santosh and tried to stop her from marrying accused Santosh.
20. It is limpid that the deceased did not commit suicide on account of any kind of harassment or cruelty meted out to her or any dowry demands made to her. The reason why she cut short her own life is something else. She disliked her husband accused Vinod and had developed love and liking for accused Santosh, her brotherin law. She even had physical relations with him. She wanted to leave Vinod and marry Santosh. However, she lacked temerity to disclose it SC No.57/10. Page 22 of 23 to her inlaws. Her parents did not support her such decision. She was in a fix what to do. When she saw no solution in sight to her woes, she thought that only way out is to kill herself and accordingly committed suicide.
21. None of the accused can be held responsible for the death of the deceased. Prosecution has failed to prove the charges against the accused. The defence put forth by the accused is highly probable and reliable.
22. Hence all the accused are hereby acquitted of all the Charges. Bail bonds released. Sureties discharged.
File be consigned to Record Room.
Announced in open (VIRENDER BHAT) Court on 26.9.2011. A.S.J. :Dwarka Courts New Delhi.
SC No.57/10. Page 23 of 23