NAVEEN Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to a judgment dated 18.04.2012 of learned Addl. Sessions Judge in Sessions Case No.53/2008 arising out of FIR No. 236/2005 PS Kanjhawala by which the appellant Naveen was held guilty for committing offences punishable under Sections 498A/304B IPC. By an order dated 25.04.2012, he was awarded RI for three years with fine Rs. 25,000/- under Section 498A IPC and RI for ten years under Section 304B IPC. Both the sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as reflected in the chargesheet was that Neelam (since deceased) was married to the appellant Naveen on 26.11.2004. After the marriage, she started residing at her matrimonial home at House No.109, village Qutubgarh in a joint family consisting of her husband Naveen, Rajender Singh (father-in-law), Krishna Devi (mother-in-law) and Navneeta @ Parvesh (sister-in-law). On 28.09.2005, Neelam committed suicide in the matrimonial home by hanging. Daily Diary (DD) No.47B (Ex.PW-12/A) was recorded at 10.10 P.M. at PS Kanjhawala after getting information from Const.Sri Krishan duty constable at Maharishi Balmiki Hospital where Neelam was brought 'dead'. The investigation was assigned to ASI Dharambir Singh, who with Const.Bhartari went to the hospital. The body was got photographed. At the spot, the Investigating Officer summoned the crime team and informed the Sub Divisional Magistrate about the occurrence. On 29.09.2005, statement of Angoori Devi, mother of the deceased was recorded by SDM Sh.Kedar Nath. In her statement, she implicated victim's in-laws and Surinder Kumar (brother-in-law / jija) for committing her murder on account of non-fulfilment of dowry demands. She disclosed to the SDM that the in-laws of the deceased and Surinder Kumar used to subject Neelam with cruelty on account of non-fulfilment of their demands for a car and Rs. 50,000/- cash. They were compelled to give motorcycle make 'Hero Honda' and Rs. 10,000/- to meet their unreasonable and hefty demands. Allegations against Surinder Kumar were that he used to instigate the in-laws of the victim to demand dowry. On the basis of the statement, a case under Sections 498A/304B IPC was registered. Post-mortem examination of the dead body was conducted. Naveen, Rajender Singh and Krishna Devi were arrested. On 03.10.2005, Angoori Devi lodged a written complaint with the SDM levelling more allegations of dowry demands. Section 406 IPC was added. During further investigation, statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed against Naveen, Rajender Singh, Krishna Devi, Navneeta @ Parvesh and Surinder Kumar. All of them were duly charged and brought to trial. The prosecution examined thirteen witnesses to substantiate the charges. In 313 statements, the accused persons denied their complicity in the crime and pleaded false implication. It was stated that the deceased was not happy to live in the matrimonial home due to lack of basic amenities therein. They examined DW-1 (Rajbir Singh), DW-2 (Rekha Kataria) and DW-3 (Balbir Singh) in defence. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, acquitted all the accused persons except Naveen (the appellant) of all the charges. Naveen (the appellant) was acquitted of the charge under Section 406 IPC. It is pertinent to note that the State did not challenge their acquittal.

(3.) I have heard the learned counsel for the parties and have examined the record. Undisputedly, Neelam was married to Naveen on 26.11.2004. Her parents had given various dowry articles to her at the time of marriage. PW-5 (Angoori Devi) disclosed that the dowry articles given to her at the time of marriage included cooler, washing machine, double bed, almirah, box, sofas, colour TV, mixi, press, sewing machine, gas, chulha, clothes, jewellery and 170 utensils. PW-1 (Kartar Singh), victim's father elaborated that the gold and silver ornaments given weighed 150 grams and 500 grams, respectively. It is apt to note that, there was no 'demand' of any dowry article at the time of marriage by the appellant and his family members. PW-1 (Kartar Singh) fairly admitted that dowry articles were voluntarily gifted by him to her daughter at the time of marriage. Some of these dowry articles were recovered during investigation and handed over to the victim's parents. It is also not in controversy that on 28.09.2005 Neelam committed suicide by hanging in the matrimonial home. She was taken to Maharishi Balmiki Hospital immediately, where PW-4 (Dr.Yudhvir Singh) medically examined her by an MLC (Ex.PW-4/A) at 10.00 P.M. and pronounced her 'brought dead'. MLC (Ex.PW-4/A) does not depict any visible injury on the body. The MLC records that victim was admitted in the hospital with the alleged history of hanging by Rajinder. Duty constable at the hospital, recorded DD No.47B (Ex.PW-12/A) at 10.10 P.M. The police machinery swung into action and ASI Dharmbir Singh went to the hospital immediately. Parents of the deceased were informed and the dead body was shifted to SGM Mortuary Hospital for its preservation for 72 hours by an application Ex.PW-12/B. PW-10 (Kedar Nath), SDM, Saraswati Vihar was duly intimated on telephone and he recorded the statement of Angoori Devi (Ex.PW-5/A) at her residence next day. He forwarded the statement to PS Kanjhawala for taking necessary action as per law vide his endorsements at 'Y' and 'Y1' on Ex.PW-5/A. It is relevant to note that initially the victim's parents had suspected that Neelam was murdered by her in-laws on account of non-fulfilment of dowry demands and it was not a case of suicide. PW-2 (Dr.Ravinder Kumar Kataria), deceased's uncle on getting information about the incident reached Maharishi Balmiki Hospital at 11.30 P.M. on 28.09.2005 where all the accused persons along with other villagers were present. As per his deposition, he along with his wife and Ram Chander (elder son-in-law of Kartar Singh) went to the house of the accused and did not find any sign to infer that Neelam had committed suicide. He recorded his statement (Ex.PW-2/A) before the SDM on 29.09.2005. During investigation, no such evidence could be collected to find out if it was a case of culpable homicide. Accordingly, all the accused persons were charge-sheeted under Sections 498A/406/304B IPC. PW-9 (Dr.Ashish Jain) conducted post-mortem examination on the body and proved the post-mortem report (Ex.PW-9/A). In his opinion, the cause of death was asphyxia as a result of neck pressure subsequent to hanging. Apparently, it was a case of suicide.