LAWS(DLH)-2012-2-214

MUNISH SHARMA Vs. STATE

Decided On February 09, 2012
MUNISH SHARMA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is an application for grant of regular bail, in respect of FIR No.234/2011, under section 498-A/306 IPC, registered with PS Begum Pur, Delhi.

(2.) I have heard the learned counsel for the parties. I have also gone through the record. The allegations against the petitioner are under section 498-A read with section 306 of the IPC. Although, the learned APP has taken the Court through the statement of the father of the deceased as well as statement of the mother of the deceased, recorded under section 161 Cr.PC, wherein the allegations are made with regard to the demand of dowry and apparently subjecting the deceased to cruelty but that, at best, would constitute an offence under section 498-A IPC, which carries a maximum punishment of three years.

(3.) So far as the allegations of abetment to suicide are concerned, prima facie, in my view, there is no overt act by way of incitement, goading, instigation, prompting, which could be attributed to the petitioner, which have led the deceased to end her life. On the contrary, the deceased is purported to have left a note, wherein she has taken the full responsibility of ending her unfortunate life. The said note also shows that the deceased was a very sensitive person and had strained matrimonial relations. She was not able to get the job despite being well qualified. She referred to the allegations of the husband that her parents were interfering in the matrimonial affairs, while as she was of the opinion that they were helping her and her family. A reading of the note shows that she was unable to cope up with the stresses and strains of the matrimonial life and this resulted in her death.