KAMLESH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner has filed the present bail application under Section 439 of the Code of Criminal Procedure, 1973 for seeking bail in a case registered under FIR No.429/2015 under Section 498-A/304- B/34 of Indian Penal Code, Police Station Vasant Kunj (North), Delhi.

(2.) The State has filed its status report and according to the status report, on 1.5.2015 a PCR call regarding suicide by a lady at B-Block dispensary Park, Kusumpur Pahari was received at Police Station Vasant Kunj North, New Delhi vide DD No.14A. The investigation was assigned to Sub-Inspector Vivek Malik, who visited the place of occurrence i.e. H.No.B-91A, Kusumpur Pahadi, Vasant Kunj, New Delhi. The Investigating Officer found a dead body of a lady lying on the floor. The in-laws and husband of deceased were found at the spot. It was revealed that at about 3.30 AM, Sajan (husband of deceased) found the deceased Rakhee hanging with the hook of ceiling fan. During inquiry, it was revealed that the marriage of the deceased took place just two and half months before, therefore the concerned learned Executive Magistrate was informed about the incident, who visited the spot and recorded the statement of Shri Rajeshwar Paswan - the father of the deceased, wherein it was alleged that his daughter was being beaten by her mother-in-law and her husband. It was also alleged about the demand of gold chain by her husband Sajan. The illicit relationship of Sajan with another woman was also alleged. After recording statement of father of the deceased the learned Executive Magistrate directed for registration of case under Section 304-B/498-A/34 of IPC and the same got registered vide FIR No. 429/2015; Crime team was also called and photographs of scene of crime were taken. Investigation of the case was entrusted to Inspector Santan Singh. Inquest proceedings were conducted by Shri R.K. Singh, Executive Magistrate. Dead body of deceased Rakhi was sent to AIIMS, New Delhi and the MLC No.5731/2015 of deceased Rakhi was prepared by the doctor as brought dead.

(3.) As per status report, during the course of investigation neither suicidal note was found nor any resistant marks/signs ws found at the place of occurrence. Statement of Meena Devi (mother of deceased) and Raju Paswan (brother of deceased) were recorded under Section 161 of Cr. P.C. Seizure memo was prepared, post mortem of deceased was conducted at AIIMS, New Delhi and the viscera was sent to Regional Forensic Science Labortory, Jaswant Place, Chanakyapuri, New Delhi for expert opinion. After perusal of Post Mortem report, and viscera analysis report, the expert opined that the cause of death in the present case was " sphyxia due to ante mortem hanging". The husband of the deceased Sajan was arrested on 01.05.2015 and the petitioner Kamlesh was arrested on 02.05.2015.