SHIVENDRA TYAGI Vs. STATE OF DELHI

JUDGEMENT

(1.) Crl. M.A. No.14939/2015(for delay in re-filing) In view of the averments made in the application, the delay of 18 days in refiling the instant petition is condoned.

(2.) The petitioner is husband of deceased Poonam Tyagi and allegations against him that on 01.01.2012, complainant Mewa Ram, father-in-law of petitioner got recoded his statement to the SDM Civil Lines, Delhi wherein he alleged that his daughter Poonam Tyagi (since deceased) was married to petitioner - Shivendra Tyagi on 29.04.2009. No demand of dowry was made by the groom side, but all the necessary household articles including the jewellery and motorcycle were allegedly given in the marriage. After the marriage, there used to be normal quarrels in the family between the deceased and her jethani - Laxmi as well as nanand Kavita. The petitioner allegedly used to beat the deceased when quarrel took place between them. On 01.01.2012, the complainant was informed that his daughter had fallen from the roof while spreading the cloths. The deceased succumbed to the injuries. Accordingly, complainant Mewa Ram made complaint, which culminated into the aforenoted FIR. In the complaint, complainant has suspected that his daughter had been murdered.

(3.) Learned counsel appearing on behalf of petitioner submits that there is no evidence whatsoever against the petitioner in this case to make out a case under Section 304B of the IPC in as much as when the complainant specifically stated that at the time of marriage there was no demand of dowry. Therefore, there was no occasion to demand dowry after marriage and there was no such harassment at the ends of in-laws. Consequently, there was no occasion for the deceased to commit suicide. However, the deceased died due to accident as noted above.