RANI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present Appeal has been preferred against the Judgment dated 1 st October, 2003, and order on Sentence dated 13 th October, 2003, whereby the Appellant was convicted under Section 304B/498-A IPC read with Section 34 IPC and sentenced to undergo Rigorous Imprisonment for a period of 7 years with fine of 1,000/-.

(2.) Janki was married to son of the Appellant on 5 th December, 2000. She committed suicide by hanging herself on 1 st March, 2001. After her death, her brother Ved Prakash, PW-2 gave a statement to SDM that he had visited Janki's house on 23 rd February, 2001 and found her in a sad mood. She told him that her inlaws were asking for 50,000/- and a scooter as they wanted to open a shop and the scooter was required for roaming around. Ved Prakash stated that thereafter he talked to in-laws of her sister and told them that he would respond after thinking over. He asked them to send Janki with him. On this, he was told that they would take her to his house after 2-3 days. After that he received information that Janki had died. He expressed his doubt that his sister had been killed by her husband, parents of her husband and husband's sister Kiran.

(3.) In the name of investigation, police took photographs of deceased, recorded statement of brothers of Janki, collected postmortem report about the cause of her death, and FSL report of viscera. Even the site plan of the place of suicide and of the house was not prepared. The postmortem report shows that there was no external injury on the body of Janki. The cause of death was given due to asphyxia. Ligature mark present on the neck showed that there was no ligature mark on left side of neck showing that ligature was caused due to hanging. FSL report showed presence of insecticide in the body. No investigation was done by the police on the aspect of purchase of insecticide or administration of insecticide etc. Charges against the accused persons were framed under Section 304B read with Section 498-A IPC read with Section 34 of IPC.