Indian Kanoon - Search engine for Indian Law

2. Shorn of unnecessary details, case of prosecution emanates from the fact that on 14.08.2009 DD No. 40A Ex.PW14/A was lodged with police station Burari at 23.15 hours on an information by the PCR operator that the caller of mobile phone No.9999359693 informed that his wife has committed suicide by hanging herself in house No.11A, Gali No.34, A-1 Block, Bengali Colony, Sant Nagar. Investigation was assigned to SI Darsh Pandey (PW14) who reached the aforesaid house alongwith constable Chander Mani (PW16) at first floor where body of a lady was found hanging by the ceiling fan with a chunni tied around her neck; the kundi/latch of the room was found broken from inside the room and the name of the deceased was revealed as Vijayata. She was married with accused Harish on 14.02.2009. Since the death had taken place within seven years of the marriage, as such, the Executive Magistrate Sh. Kuldeep Kishore (PW10), Civil Lines, Delhi was informed who visited the spot, conducted the inquest proceedings and also examined the relatives of the deceased. Mobile crime team was also called to the scene of crime. Inspector Sanjeev Solanki - incharge Mobile Crime Team (PW18) inspected the scene of crime and prepared report Ex.PW18/A. Photographs of the dead body and the room Ex.P1 to P9 were taken. On search of the room, from half open drawer of the dressing table, a suicide note (Ex.PW10/A) written in Hindi was found. The same was seized vide memo Ex.PW14/A. The dead body was sent to mortuary for post-mortem examination. Sh.Kuldeep Kishore, Executive Magistrate (PW10) recorded statement of father of the deceased Sh.Kirpal Singh (PW2) and of mother of the deceased Smt.Kiran (PW9). On the basis of statement of Kirpal Singh, direction was given by the SDM to get an FIR registered. Accordingly, FIR Ex.PW15/B was registered on 15.08.2009. Post-mortem was conducted and as per the post-mortem report, the cause of death was opined to be Asphyxia due to ante mortem hanging. During the course of investigation, the suicide note was sent to FSL, Rohini and Dr. Virender Singh, Sr.Scientific Officer, FSL gave report Ex.PW24/B opining that the suicide note has been written by the deceased Vijayata. After completing investigation, chargesheet was submitted against the present appellants as well as Balram Singh and Neha, brother-in-law and sister-in- law respectively of the deceased.

4. Feeling aggrieved, present appeal has been preferred by the convicts.

5. Learned senior advocate for the appellants referred to the suicide note Ex.PW10/A for submitting that there are no allegations of demand of dowry. Learned senior counsel further submits that there are material improvements in the statement of the witnesses. The prosecution case is based on the testimony of the relatives of the deceased who are interested in the success of the case. Moreover, while the statement of parents of the deceased before the SDM was confined to the demand of car and Rs.2 lacs, their testimony was conspicuously silent regarding any demand of money or car prior to the fera ceremony. Furthermore, the deceased hardly lived with the appellants for a period of one and a half month after her marriage till she took the extreme step of committing suicide. As such, there was no question of committing any cruelty upon her. The suicide note does not raise any finger upon her father-in-law Sheesh Pal. As such, prosecution has failed to bring home the guilt of the appellants beyond shadow of doubt as such, appellants are entitled to be acquitted.

MEIN AB BAHUT TANG AA CHUKI HU, APNE SASURAL WALO SE AB MUJHSE IN LOGO KE TANE NAHI SAHE JATE ISLIYE MEIN YE KADAM UTHANE JA RAHI HU.

VIJAYTA"

31. Although, it is true as submitted by learned senior counsel for the appellant that the suicide note does not talk about any demand of dowry but the suicide note has to be read in conjunction with the testimony of the prosecution witnesses. The suicide note specifically mention that she was absolutely fed up with her mother-in-law, her husband also harassed her, because of them she was compelled to take this extreme step. She levelled allegations against her sister-in-law as well and went on stating that now she is unable to bear any more taunts and, therefore, she is taking this step.

Sister-in-law has been acquitted by the Sessions Court. The State has not appealed against that order. Therefore, it is not necessary to go into that aspect. True, there are no allegations against father-in-law in this suicide note but there is voluminous evidence in the shape of ocular testimony of number of witnesses who have also deposed against him. Therefore, from mere absence of his name in the suicide note, he does not get any benefit. Moreover, being head of the family he was not expected to be a silent spectator to the commission of atrocities upon her daughter-in-law who must have left her parental home with sweet dreams to lead a happy matrimonial life but alas! there is a world of difference between a ―daughter‖ and ―daughter-like‖. As goes the proverbial saying a ―daughter in law remains a daughter in law and can never became a ‗daughter' particularly to those whose lust for dowry is never unending. Barely six months had passed when the extreme step of committing suicide was taken by the deceased. The suicide note (Ex.PW10/A) when examined in the light of testimony of the witnesses which unfolds the demand of dowry made by the accused on the deceased apart from the physical beatings extended to her establishes the harassment caused to the deceased in connection with dowry.