GIRIRAJ PRASHAD MEENA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) GIRIRAJ Prasad Meena aggrieved by the acquittal of Ram Dayal Meena, his son -in -law, for offences under Section 498A/304B IPC prefers the present appeal against impugned judgment dated January 06, 2010.

(2.) LEARNED counsel for the appellant contends that there is no dispute to the ingredients of offence under Section 304B that the deceased was married to respondent No. 2 and died an unnatural death within 7 years of the marriage. The prosecution through the evidence of the father, mother, brother and sisters -in -law of the deceased has proved beyond reasonable doubt the continuous course of harassment meted out to the deceased in relation to the demand of dowry and her consequential death. Thus, the learned Trial Court committed a serious illegality in acquitting the respondent No. 2 of the offences charged with. Reliance is placed on : AIR 2003 SC 2865 Hira Lal and Others Vs. State NCT of Delhi and : 2013 (3) JCC 1775 SC Gurnaib Singh Vs. State of Punjab to say that even if the offence under Section 304B IPC is held to be not proved beyond reasonable doubt, the offence under Section 306 IPC stands proved and hence the respondent No. 2 be convicted for the offences under Section 306 and 498A IPC and sentenced accordingly.

(3.) THE process of law in FIR No. 558/2005 under Section 498A/304B IPC registered at PS Dabri commenced on July 26, 2005 when a PCR call was received at Police post Palam Colony vide DD No. 13 at about 11.48 AM that in the house of one Suresh Mishra a women had hanged herself. On reaching the spot on the first floor from Chokhat of the ventilator, a woman aged 23/24 years was found hanging. On inquiry her name was revealed as Vidya Meena, wife of Ram Dayal respondent No. 2 herein. It was revealed that she was married 1 1/2 years prior to the occurrence to respondent No. 2 who was employed as LDC in CBI and at the time of incident her husband was not there, as he had gone to the office in the morning. No suicide note was recovered. The dead body was sent to post -mortem.