VIKAS Vs. STATE GOVT OF NCT

JUDGEMENT

(1.) This application under Section 389 Cr.P.C. has been made by the appellants for suspension of sentence. It is argued by the appellants that the Trial Court had ignored the judgment of this Court regarding Section 306 IPC. It was a case of suicide where the deceased committed suicide because of her intolerance and there was no overt act committed by the appellants. The appellants also relied upon the testimony of PW 15 Dr. Vikas Mohan Sharma of VIMHANS hospital to plead that the deceased was suffering from adjustment disorder and was a Neuro Psychiatrist case.

(2.) A perusal of testimony of PW 15 would show that the deceased was brought to VIMHANS hospital by her husband and there was alleged history of her unresponsive behaviour and inability to speak after family quarrels. During cross-examination Dr. Vikas M. Sharma stated that depression can be result of adjustment disorder and situation and the patient can become agitated and furious. It was also stated that in comparison to general population, such patients were at higher risk of self harm/suicide. It would be advantageous at this stage to reproduce part of the paragraph no. 30 of the judgment of the Trial Court: Tale of woes of Sanju has come over record through events unfolded by her father. It is evident that at her matrimonial home, Sanju was tortured in inhumane ways. She was burnt by her mother-in-law and brother-in-law Vivek. Dr. Gaurav Vinod Jain noted white non vasular puckered scar over her body, which were two or three months in duration, besides bruises on her right arm, which were one week old. Smt. Meera and Mahesh Chand detailed that Sanju was treated with cruelty at her matrimonial home in an extreme form. She was not allowed to talk to her parents on phone. Tense atmosphere was created at her matrimonial home on account of dominating nature of her mother-in-law. As and when Sanju tried to ignore dictates of her mother-in-law and brother-in-law, namely, Vivek, she was burnt by hot object. Evidence of such burns were noted by autopsy surgeon. Beatings were administered to the lady, which evidence were also found in postmortem report Ex. PW 23/A. Whenever she made complaints to her husband, she was criminally intimidated of dire consequences by the latter in case she dares to divulge facts before anyone. On account of highhanded behaviour of her mother-in-law brother-in-law, namely Vivek and husband Vikas, she fell ill. She was taken to Ganga Ram Hospital and VIMHANS Hospital, where doctors found her scared. It was made clear before her parents that the lady was terrorized by her in-laws and she should be taken to her parental home. On account of bouts of quarrel in her family, she was incapable to express herself as she felt unable to speak. These situations are suggestive that Smt. Sanju was treated in inhumane manner by her husband, mother-in-law and brother-in-law, namely Vivek.

(3.) There is no doubt that for bringing home offence under Section 306 IPC there must be an overt act meted out to the accused. However, in the present case there seems to be sufficient evidence to show that the accused was aware of the psychological condition of the deceased and knowing this psychological condition, cruelties were perpetuated, ostensible to push her to the brink of suicide. I do not find it a fit case for grant of bail and suspending the sentence. The application is hereby dismissed.