STATE Vs. VISHESH CHAUDHARY AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.05.2008, in SC No. 29/06, arising out of F.I.R. No. 126/05, under Section 498A/306/34 of Indian Penal Code, 1860 ("IPC") passed by learned Additional Sessions Judge, Delhi, acquitting the respondents of the said offence.

(2.) The case of the prosecution, as taken note of in the impugned judgment, is that one Dr. Subhash Arora of Shalimar Bagh, New Delhi married his daughter Kajal with accused No.1 Vishesh Chaudhary on 21.11.1997 as per Hindu rites and ceremonies. After marriage, Kajal shifted to her matrimonial home in Shalimar Bagh itself, along with her father-inlaw Bharat Bhushan (Accused No.4), mother-in-law Nirmal Chaudhary (Accused No.5) and two younger brothers-in-law namely Parichay (Accused No.3) and Amit (Accused No.2). After a few months, Kajal and her husband (accused no. 1) shifted to United States of America (USA) for a period of about three years. Two children were born to the couple while staying in USA. In 2001, Kajal and her husband returned to India, and in July 2004, they shifted to a separate house in Sector-15, Rohini, Delhi. The matrimonial life of Kajal during this period was not smooth, and on many occasions the matter had to be sorted out by the parents of Kajal with the accused no.1. The accused persons were allegedly not happy with the dowry given at the time of marriage or on other occasions, such as birth of the two children, or festivals. On 12.01.2005, Kajal was brought to her parental home where she stayed till 15.01.2005. Accused No.1, Vishesh Chaudhary took her back with an assurance that she will not be harassed any more.

(3.) On 31.01.2005, the parents of deceased received telephonic information that their daughter has committed suicide by hanging herself. Accordingly, the matter was reported to the police. On the basis of statement of complainant/Dr. Subhash Arora, father of deceased, a case for offence under section 498A/306/34 IPC was registered at PS Prashant Vihar vide FIR no. 126/05 (Ex. PW-3/A) dated 09.02.2005. ASI Jai Bagwan (PW-8) was the investigating officer. After carrying out the inquest proceedings, the postmortem examination was conducted upon the dead body of the deceased/Kajal. Accused No.1 Vishesh Chaudhary was arrested in this case, but other accused persons obtained anticipatory bail orders and were only formally arrested. A writing on a piece of paper allegedly in the hand of deceased Kajal was also recovered from near the body. However, no admitted piece of handwriting or signatures of deceased could be made available to the IO, so the handwriting on the note could not be compared to the handwriting of the deceased.