BALDEV RAJ Vs. CHANDER PRAKASH

JUDGEMENT

(1.) This criminal revision petition has been filed by Mr Baldev Raj against an order of acquittal passed by the learned Additional Sessions Judge on 06.07.2002, whereby the respondents have been acquitted of the offences under Section 498A and 304 B IPC. The petitioner (Mr Baldev Raj) is the father of the deceased Kavita, who died on 06.07.1993 as a result of a fall from the fourth floor of her matrimonial home. Late Kavita was married to the respondent No.1 (Chander Prakash) on 02.02.1989. They had a girl child of about 3-1/2 years of age at the time of Kavita's demise. The respondent Nos. 2, 3 and 4 are the brothers-in-law of late Kavita. The respondent No. 5 (Gulshan Rani) is Kavita's mother-in-law. It is relevant to point out that no appeal was preferred against the order of acquittal by the Government of NCT of Delhi. Since the petitioner is aggrieved and he has no recourse to file an appeal, the present criminal revision petition has been filed by him.

(2.) The case against the respondents emanates from FIR No. 377/1993 registered at Police Station Paschim Vihar, under Sections 498A / 302B IPC. The prosecution case was that late Kavita, daughter of the present petitioner Baldev Raj and Smt. Varsha Rani, married Chander Prakash on 02.02.1989. The couple started living together, firstly, at A-6, Pink Apartments and later at A-45, Pink Apartments, Paschim Vihar, Delhi. Late Smt. Kavita died an unnatural death in the night intervening 5th and 6th July, 1993 at her matrimonial house. The police had received information through an unknown person with regard to the death of Smt. Kavita. The same was recorded in DD No. 30-A at about 4.45 am on 06.07.1993. When the police officials arrived at the scene of the incident, that is, house No. A-45, Pink Apartments, Paschim Vihar, they found the body of late Smt. Kavita on a cot on the ground floor. The parents of the deceased and the family members of her in-laws were also present. The statements of the parents of late Smt. Kavita, namely, Smt. Varsha Rani and Mr Baldev Raj (the petitioner herein) were recorded by the Sub-Divisional Magistrate. The statement of Smt. Varsha Rani was treated as the complaint and the SDM directed the Station House Officer of Police Station Paschim Vihar to register the case and investigate the matter.

(3.) As per the statement of Smt. Varsha Rani, recorded by the SDM, Kavita and Chander Prakash, after their marriage on 02.02.1989, lived at A-6, Pink Apartments for about 1-1/2 years. Thereafter, they shifted to A-45, Pink Apartments, Paschim Vihar along with other family members of Chander Prakash. It was alleged that Kavita and Chander Prakash used to quarrel / dispute on account of domestic matters. It was also alleged that Chander Prakash used to consume liquor and then used to beat Kavita. It was also stated that about 15 days prior to the making of the statement before the SDM, Chander Prakash had beaten Kavita and she (Kavita) had come to her parents' house at B-3/279, Paschim Vihar. It was stated that Smt. Varsha Rani and Baldev Raj pacified her and after one day Kavita returned to her matrimonial home. At about 4 am on 06.07.1993, Smt. Varsha Rani and Baldev Raj received information that Kavita had jumped from the house and had died. Both Smt. Varsha Rani and Baldev Raj rushed to the house of Chander Prakash and found that Kavita was lying dead. There, they came to know from the people that on the previous night also, Chander Prakash had quarreled with Kavita and had beaten her and at that time his three brothers and mother were present in the house. It was also stated before the SDM by Smt. Varsha Rani that Chander Prakash used to tell Kavita's parents that other people got lots of things in their marriages but what had her parents given in her marriage. It was stated by Smt. Varsha Rani that her daughter Kavita died due to the taunts and harassment. Sh. Baldev Raj also made a statement before the SDM which was more or less identical to the statement given by his wife Smt. Varsha Rani.