RAMAN MAHAJAN Vs. STATE

JUDGEMENT

(1.) The love marriage between Raman Mahajan (hereafter Raman?) and Vandana (deceased) was unlike the one, we read in the newspaper i.e. protest from the families, elopement and honour killing. This love story had hardly any twist as despite the fact that deceased Vandana was studying in 12 th standard in the year 1988 and her younger sister in 10 th standard, Raman Mahajan was a student of only 9 th standard, younger to Vandana by about two years. In the year 1988 itself, they intended to marry without waiting to attain the statutory age of marriage. Here the only advisory was from Raman's parents to at least attain the age of majority and to complete his education so as to be self reliant and able to bear his responsibilities.

(2.) Apparently Vandana was too eager to enter into matrimony and wanted social recognition of their relationship resulting in their engagement ceremony on 09.05.1989 when Raman was less than 16 years of age. The marriage was solemnized on 18.11.1991 after Raman attained the age of majority and the couple was blessed with son within a year of marriage. The relationship between the two seemed to be like that of any other married couple with a certain degree of immaturity and incompatibility which can be inferred from the last diary entry written by the deceased. In that diary entry (dated 16.07.1992) she has expressed her feelings that nobody had time for her and even the new arrival i.e. her son has not brought any happiness in her life. There was nothing abnormal till then in this relationship barring Raman's drinking habits which he appears to have been initiated into by his in-laws (who used to offer him drinks on his visits to them). The photographs showing Raman Mahajan having drinks with his father-in-law, both in a good mood reflect this.

(3.) Vandana had gone to her parents in the second week of August, 1993 and returned to her matrimonial home on 16.08.1993. On 17.08.1993 in the morning she committed suicide by hanging. Her in-laws immediately informed her parents as well as the police. Since it was a case of unnatural death by a married woman within seven years of her marriage, the SDM was informed and inquest proceedings were held. As per the prosecution, six papers Ex.PW1/D1 to D6 which (included five letters and one good wishes page) were recovered from the person of deceased and a Diary was lying near her body. The SDM handed over all papers to the Investigating Officer who seized them by memo Ex.PW7/F; the body was sent for postmortem. On the basis of the statement made by Smt. Premlata Anand - mother of the deceased, before the SDM, a case under Section 498-A/304-B IPC at PS Anand Vihar was registered against the accused Raman and his mother Mohini Mahajan for causing dowry death?. During investigation, the statement of Sh. Mangat Ram Anand Vandana's father, Ms. Payal Anand sister of Vandana and other relatives were recorded and after completion of investigation, both the Appellants were sent to face trial for the offence punishable under Sec.498-A/304-B IPC.