RAJESH KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision petition is directed against the order dated 10.11.2003 passed by the learned Metropolitan Magistrate whereby he did not accept the cancellation report filed by the police in respect of the case arising out of FIR No. 793/2002 under Section 304-B IPC registered at Police Station Patel Nagar. The learned Metropolitan Magistrate was of the opinion that although the offence under Section 304-B IPC was not made out, there was sufficient material on the judicial file to take cognizance of an offence under Section 306 IPC as the deceased Geeta Rani was continuously subjected to cruelty by her in-laws. Accordingly, he directed the issuance of non-bailable warrants against the accused persons, namely, Mehar Singh (father-in-law of the deceased), Rajesh Kumar (husband of the deceased) and Smt. Krishna (mother-in-law of the deceased).

(2.) Briefly stated the facts of the case are that on 12.12.2002 one Dharambir @ Sonu informed Police Station Patel Nagar over the phone that his cousin Geeta Rani aged about 35 years was found hanging from the ceiling fan and that she had committed suicide. This is recorded in DD No.34-A dated 12.12.2002 at 7.30 am at the said police station. Sub-Inspector Ram Phal was deputed for the purposes of inquiry. The body of the deceased Geeta Rani was sent to DDU Hospital through Constable Sukhdev Singh, where she was declared as having been brought dead. The SDM Patel Nagar conducted inquest proceedings. He recorded statements of Sunehra Singh (father of the deceased), Smt. Kamlesh (mother of the deceased), Satnam Singh and Dharambir Singh @ Sonu. The doctor, who conducted the post mortem on the body of the deceased, was of the opinion that the cause of death was due to hanging and that the time since death was 1-1 days.

(3.) In his statement, Sh. Sunehra Singh stated that he had solemnized the marriage of her daughter Geeta Rani with Rajesh Kumar on 30.04.1998. She remained happy at her matrimonial home for some months. But, after that her in- laws started beating her for dowry. She came to his house on 13.09.1999. In the meanwhile, she had given birth to a son, who was then 3-1/2 years old. After staying for 7-8 months in the paternal home, Geeta Rani was appointed in G. B. Pant Hospital as a Pharmacist. It is alleged that the father-in-law of Geeta Rani went there and threatened her that he had spent Rs 1 lac for obtaining a job for her after drawing money from his GPF account. He threatened that she should return to her matrimonial house on her own otherwise they would forcibly abduct her and as they were serving in the police they could easily do so. It is further alleged that on 22.04.2000 about 3/4 boys were sent to G. B. Pant Hospital to abduct Geeta Rani. In respect of this incident, the case was going on in the CAW Cell. Sh. Sunehra Singh also alleged that during this period his daughter told him that her in-laws used to threaten her repeatedly at the bus stand, at home, over the telephone and in the hospital. It is also alleged that when she had gone to Patiala House in connection with the case, accused Rajesh and Mehar Singh manhandled her and abused her. In respect of this incident an FIR under Section 341/506 IPC was registered. Sh. Sunehra Singh also stated that Rajesh Kumar also filed a divorce case which was pending in the Trial Court. He stated that cases initiated by Geeta Rani were pending in different courts. One case was under Section 498-A/406/341/506 IPC, the other case was pertaining to the divorce proceedings and the third case was a petition for maintenance under Section 125 Cr. P.C.