SUDHAKAR SINGH Vs. STATE

JUDGEMENT

(1.) Appellant No. 2 Shyama Devi, mother of appellant No. 1 Sudhakar Singh died on 8th May, 2011 and the appeal filed by her stands abated. Appeal filed by Sudhakar Singh, appellant No. 1 challenging his conviction under Section 304B and 498A of the Indian Penal Code, 1860 (IPC, for short) read with Section 34 remains on board and is being decided by this judgment. The appellant-Sudhakar Singh married the deceased-Sundari Devi on 17th November, 1986. Sundari committed suicide on 19th December, 1989 in her matrimonial home at A-111, Moti Bagh-I, New Delhi. At that time, no other person/family member was at home. Sundari Devi had committed suicide by hanging herself from the ceiling fan, which is apparent from the photographs Exhibits PW-12/A, B and C, which were proved by Sunil Kumar Sharma (PW-12). In fact, the said information was conveyed to the Police Station R.K. Puram and recorded in DD entry No. 38B Exhibit PW-18/A, which was handed over to SI Jagjit Singh and it was found that the house was bolted from inside. From the window they (i.e., Head Constable Ramji Lal (PW-18) and SI Jagjit Singh) noticed that a person was hanging from the ceiling fan. They broke the glass of the main door and entered the house and found that the deceased had committed suicide. The deceased had kept a stool on the bed to end her life.

(2.) The post-mortem report of the deceased, Exhibit PW-6/A, was proved by Dr. G.K. Chaubey (PW-6). He has referred to the ligature mark encircling front of the neck and going obliquely upwards/backwards to the nap of the neck and fading on the back of the neck. Cause of death, as opined by PW-6, was asphyxia as a result of hanging. Thus, it has been proved beyond doubt and debate that the deceased-Sundari Devi had died an unnatural death within seven years of marriage (in fact within about three years after marriage) in her matrimonial home.

(3.) The next and the primary question which arises for consideration is whether the suicide was as a result of the required actus reus, i.e., cruelty as defined in Section 498A IPC or the actus reus in the form of demand of dowry soon before the death, which is mandated by Section 304B IPC.