PREM LATA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Santosh, the deceased was married to appellant Kaptan Singh on January 21, 2007. She committed suicide in her matrimonial home on November 05, 2010. The prosecution and the appellants, who are the husband and the mother -in -law of the deceased, are not at variance on said aspect of the matter. Therefore, I need not burden this opinion by referring to the evidence of how the police intervened and seized the dead body of Santosh; the number and nature of exhibits seized from the room; the photographs taken; and the post -mortem report. That Santosh hanged herself from the ceiling in the bed room in her matrimonial home is not disputed.

(2.) Since appellants have been convicted for the offence punishable under Section 304B/498A/34 IPC and co -accused Kapoor Singh and Sanjay, who are the father -in -law and the brother -in -law of Santosh, have been acquitted, the focus in the appeal would be on the incriminating nature of the evidence against the mother -in -law and the husband of the deceased.

(3.) The offence of dowry death would be made out if the prosecution establishes that the death of a woman was caused by any burns or bodily injury otherwise than under normal circumstances within seven years of her marriage and that she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. Unless the accused explains the reason for such death, upon the trinity hithertofore noted being established, the accused shall be deemed to have caused the death of the woman. The offence under Section 498A IPC is made out if the husband or a relative of the husband subjects a woman to cruelty. Cruelty being as per the explanation to the Section : (i) wilful conduct which is of such a kind as is likely to drive the woman to commit suicide or cause grave injury or danger to her life; and (ii) a woman is harassed with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.