BISHAMBER Vs. STATE OF DELHI

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 15.02.2000 passed by the learned Additional Sessions Judge, Delhi convicting the appellants for the offence punishable under Sec. 304-B of Indian Penal Code (hereinafter referred to as I.P.C.), and order on sentence dated 15.02.2000, whereby the appellants have been sentenced to undergo rigorous imprisonment for a period of seven years.

(2.) The factual matrix emerges from the record is that the marriage of Mithlesh (since deceased) was solemnized with Ravinder Kumar on 28.11.1985 as per Hindu rites and ceremonies. Furniture, one sofa set, dining table, washing machine and 10 tolas of gold and other clothes and goods were given in marriage by the parents of the deceased. After marriage, when she visited 4-5 times her parental home and told her father that Ravinder Kumar, Bishamber Singh, Kailash Wati had been harassing her asking for more money, colour TV and oftenly saying that she is not at all beautiful. On 04.10.1987, i.e. about two years of marriage, at about 5.15 PM an information was received from PCR that one Bishamber had given information on telephone that Mithlesh had committed suicide in her maternal home. Information recorded, copy of the same entrusted to Sub-Inspector Dalip Singh for investigation, who reached the place of occurrence and found one room closed from inside. Information to SDM was sent, who reached the spot at about 8.20 PM. In his presence, the door of the room was broke open, body of Mithlesh was found hanging with a ceiling fan tied with a chunni. SDM (PW-7) recorded the statement of Ram Kishan (PW-1), father of the deceased. A suicide note was also recovered upon a search of the room where the deceased committed suicide . Statement of Mukesh (PW-2) was also recorded. The suicide note, the stool, broken piece of door and one pencil were seized. Inquest proceedings were initiated, dead body was sent for post mortem. On the statement of Ram Kishan (PW-1) the SDM (PW-7) made an endorsement and ordered for registration of case under Sec. 498-A/304-B of IPC. During investigation, all the three accused persons were arrested and their personal search memos were prepared.

(3.) After completion of investigation challan was filed. Case was committed to court of sessions for trial, charge under Sec. 304-B of Penal Code only was framed against the accused persons, to which all the accused persons pleaded not guilty and claimed trial.