HARISH KUMAR AND ORS. Vs. STATE

JUDGEMENT

(1.) Appellants Harish Kumar (A -1) -husband, Rajni (A -2) -mother -in -law and Sheesh Pal (A -3) -father in law of deceased Vijayata impugns the judgment dated 08.02.2011 and order on sentence dated 15.02.2011 passed by learned Additional Sessions Judge North Delhi in Sessions Case No. 02/10 arising out of FIR No. 254/09 Police Station Burari under Sec. 498A/304B/34 IPC whereby they were convicted for offence under Sec. 498A/304B/34 IPC and were sentenced as under:

(2.) Shorn of unnecessary details, case of prosecution emanates from the fact that on 14.08.2009 DD No. 40A Ex.PW14/A was lodged with police station Burari at 23.15 hours on an information by the PCR operator that the caller of mobile phone No. 9999359693 informed that his wife has committed suicide by hanging herself in house No. 11A, Gali No. 34, A -1 Block, Bengali Colony, Sant Nagar. Investigation was assigned to SI Darsh Pandey (PW14) who reached the aforesaid house alongwith constable Chander Mani (PW16) at first floor where body of a lady was found hanging by the ceiling fan with a chunni tied around her neck; the kundi/latch of the room was found broken from inside the room and the name of the deceased was revealed as Vijayata. She was married with accused Harish on 14.02.2009. Since the death had taken place within seven years of the marriage, as such, the Executive Magistrate Sh. Kuldeep Kishore (PW10), Civil Lines, Delhi was informed who visited the spot, conducted the inquest proceedings and also examined the relatives of the deceased. Mobile crime team was also called to the scene of crime. Inspector Sanjeev Solanki - incharge Mobile Crime Team (PW18) inspected the scene of crime and prepared report Ex.PW18/A. Photographs of the dead body and the room Ex.P1 to P9 were taken. On search of the room, from half open drawer of the dressing table, a suicide note (Ex.PW10/A) written in Hindi was found. The same was seized vide memo Ex.PW14/A. The dead body was sent to mortuary for post -mortem examination. Sh.Kuldeep Kishore, Executive Magistrate (PW10) recorded statement of father of the deceased Sh.Kirpal Singh (PW2) and of mother of the deceased Smt. Kiran (PW9). On the basis of statement of Kirpal Singh, direction was given by the SDM to get an FIR registered. Accordingly, FIR Ex.PW15/B was registered on 15.08.2009. Post -mortem was conducted and as per the post -mortem report, the cause of death was opined to be Asphyxia due to ante mortem hanging. During the course of investigation, the suicide note was sent to FSL, Rohini and Dr. Virender Singh, Sr.Scientific Officer, FSL gave report Ex.PW24/B opining that the suicide note has been written by the deceased Vijayata. After completing investigation, chargesheet was submitted against the present appellants as well as Balram Singh and Neha, brother -in -law and sister -in - law respectively of the deceased.

(3.) In order to substantiate its case, prosecution examined as many as 24 witnesses. All the incriminating evidence was put to the accused persons while recording their statements under Sec. 313 Cr.P.C wherein they denied the case of prosecution. All the accused pleaded innocence and alleged false implication in the case. According to them, Vijayata was living happily and was never harassed or taunted or subjected to any cruelty in regard to dowry. It was alleged that accused Harish was earning Rs. 4 lacs per annum working in an MNC at Gurgaon whereas Sheesh Pal was also a Government employee. 15 -20 days prior to the suicide by deceased, cousin sister of Vijayata who was aged about 18 -19 years of age had eloped with a boy due to which she was very upset and frustrated. The family members tried to console her but she started living in loneliness in her room and ultimately committed suicide. Vide impugned judgment dated 08.02.2011 accused Balram and his wife Neha were acquitted of the offence on the ground that their involvement was not established beyond reasonable doubt. However, rest of the accused were convicted and sentenced, as mentioned hereinbefore.