JAIVEER @ RAJUS Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) ON 9th May, 1992 Smt.Viresh @ Rajeshwari was married to Jaiveer @ Raju according to Hindu rites and ceremonies and she was found dead in her matrimonial home on 5th December, 1993 due to asphyxia resulting from hanging. On the statement of the mother of the deceased, case Fir No.493/93 under sections 498 -A/304B/406 Indian Penal Code was registered with PS Gokul Puri. Since 5th December, 1993 they are in custody. By this order I am disposing of the bail application of the husband of the deceased being Crl.M. (M).1207/96 and that of Shyam Lal and Smt.Har Pyari, the parents of Jaiveer being Crl.M.(M).358/95 since they arise out of the same incident.

(2.) FIR was registered on the statement of the mother of the deceased recorded before the Sub -Divisional Magistrate. It was stated by her that she was informed by her daughter that her husband Jaiveer used to beat her and used to demand motor cycle and used to say that her father had not given anything in dowry. He used to taunt her as to where the entire income of her father had gone which he had earned from the army. She further stated that on 4th December, 1993 she had gone to the house of her daughter in Mukand Vihar because her daughter had written a letter to her that she was very disturbed and she should be taken back from her matrimonial home. Jaiveer met her in the matrimonial home of her daughter, however, he refused to send her daughter and on the next day she received the information that her daughter had died in her matrimonial home and she suspected that in the death of her daughter her father -in -law, mother -in -law, her husband, her brother -in -law, sister -in -law and brother of her husband were involved because they used to beat her daughter and all these persons had killed her daughter by strangulation.

(3.) THE note which finds a mention in the Crime Team report and which was directed to be sent to CFSL with admitted writing of the deceased, has admittedly not been sent to CFSL. During the course of arguments, I have been informed that this note which has been mentioned in the Crime Team report is the same about which a reference has been made by the mother of the decease being the letter received by her a day prior to the date of incident.