LAWS(SC)-2000-2-148

RAJ RANI Vs. STATE DELHI ADMINISTRATION

Decided On February 08, 2000
RAJ RANI Appellant
V/S
STATE (DELHI ADMINISTRATION) Respondents

JUDGEMENT

(1.) Appellant is Smt. Raj Rani whose brother Shashi Pal Malhotra had married one Veena in the year 1978. The said Veena committed suicide on 17-4-1984 after leaving a suicide note. The case was charge-sheeted against the appellant, her brother and her mother for the offence under S. 306 read with S. 34 of the Indian Penal Code. The trial Court convicted and sentenced the appellant to undergo imprisonment for 5 years and to pay a fine of Rs. 4,000 (it is not necessary to mention the sentences imposed on the other accused as they are not before us). When an appeal was filed by this appellant along with other 2 accused the High Court of Delhi found that there is no acceptable evidence to prove the offence under S. 306 and hence acquitted them. However, learned single Judge of the High Court felt that on the evidence an offence under S. 498-A stood proved and accordingly all the accused were convicted under the altered sections and each of them was sentenced to undergo the period of imprisonment which they have already undergone.

(2.) The reason why the appellant has now challenged the said conviction and sentence has been stated by the learned counsel for the appellant. She is a Government servant being a teacher attached to a Government school. Hence, the conviction will have devastating consequences on her career besides the stigma attached to her even otherwise. We, therefore, chose to hear the appeal on merits.

(3.) Both sides submitted that the only reliable evidence which can be looked into is the suicide note left behind by Veena which should have been scribed by her on 17-4-1984, the date of the commission of suicide.