LAXMI CHAND SHARMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The petitioners, parents-in-law of the deceased, seek pre-arrest bail in a matter relating to death of a bride taking place within three months of her marriage.

(2.) Smt.Indu, 24,was married to the co-accused son of the petitioners on 21st of April, 2007. She was allegedly subjected to ill-treatment and harassment by the petitioners and their co-accused in connection with a dowry demand to the tune of Rs.10 lacs, which the parents of the deceased were unable to satisfy.

(3.) On 4th of July, 2007, Smt. Jyoti, complainant sister-in-law (Bhabhi) of the deceased wanted to speak to the deceased on her mobile but could not succeed inspite of trying repeatedly. She, therefore, spoke to her husband, Surender, on his phone telling that she wanted to speak to the deceased. Co-accused Surender however, told her that as he was away from his house he would, on reaching the house, ask the deceased to talk to her. No phone call was however, received by her from the deceased or her husband, whereupon she spoke to the petitioner No.1 when he told her that the deceased would be calling her back after a short while. But again there was no response from the other side. At about 4.00 p.m., the petitioner No.1, on being contacted again on phone, informed the complainant that the deceased had bolted the door of her room from inside and was not opening the same. He asked the complainant to send her husband to their house, whereupon Anand, brother of deceased, rushed to the petitioners' house and on reaching there, he found Indu hanging from the hook of a ceiling fan in her room. The petitioner No.1 informed the police regarding incident at about 5.45 p.m. The police, thereafter, reached the spot. Later, on learning about the incident the father of the deceased, accompanied by his elder brother, also reached the petitioners' house. The statements of father, uncle and brother(Anand) of the deceased were recorded by the Executive Magistrate, Punjabi Bagh. In their statements none of the three made any allegation of ill-treatment and harassment to the deceased at the hands of the petitioners or their other family members, in connection with dowry demands. They rather stated that the deceased was being kept well by her husband and in- laws and that they were in no way responsible for her death. They further stated that it was rather the deceased who was herself responsible for her death. In view of statements of the father, uncle and brother of the deceased making no allegation of ill-treatment and harassment to the deceased in connection with any dowry demand or of any foulplay, no FIR was immediately registered. It was only on 7th of July, 2007, on Smt. Jyoti, the sister-in- law(Bhabhi) of the deceased making her statement before the same very Executive Magistrate, levelling allegations of harassment and ill-treatment to the deceased by the petitioners and their co-accused for dowry demands that a case FIR No.561/07 under Sections 498-A/304-B/34 IPC was registered at PS Nangloi, Delhi.