STATE Vs. MANJU VASHISHT

JUDGEMENT

(1.) CRL.M.A. 6916/2017 (condonation of delay) This is an application filed by the petitioners seeking condonation of 94 days' delay in filing the present leave to appeal. Heard. For the reasons stated in the application and in the interest of justice, present application is allowed. Delay in filing the present leave to appeal is condoned. Application stands disposed of. CRL.L.P. 249/2017 The petitioner/State of NCT of Delhi has sought leave to appeal under section 378 (1) of the Code of Criminal Procedure, 1973 against the judgment dated 30.09.2016 passed by the learned Additional Sessions Judge, Fast Track Court, North-West District, Rohini Courts, New Delhi, by which the respondent was acquitted of the charges under section 498-A/304-B of IPC. By the same order, the learned Additional Sessions Judge convicted accused Naren Vashisht under section 498-A/304-B of IPC. Accused Bhanu was acquitted in absentia.

(2.) The respondent along with her son Naren Vashisht faced trial under section 498-A/304-B/34 of IPC in respect of suicide committed by Smt. Preeti on 02.06.2013 at her matrimonial home by hanging herself with the help of a Chunni. As per the case of the prosecution, the convict Naren Vashisht was employed in Kutch, Gujarat. He had his house No. C-132, Pundrik Vihar, Pitam Pura, Delhi, where his mother Smt. Manju Vashisht used to reside. The daughter of the respondent Smt. Bhanu was already settled in England. The marriage of Naren with the deceased Preeti was solemnized on 18.02.2013.

(3.) On receiving information of the suicide, a DD No. 43B (Ex.PW-19/A) was registered and SI Pancham (PW-22) along with Ct. Sanjay (PW- 18) reached at the spot. They found the room in question bolted from inside. The door was broken open and they found Preeti hanging there. One suicide note was also recovered from the spot, which was seized. The deceased was taken to casualty of Bhagwan Mahavir Hospital by Ct. Sanjay, where doctor declared her dead. MLC Ex.PW-4/A reflects that the patient was brought in casualty at about 06.15 PM and was declared brought dead as there was no cardiac activity present and ECG was showing straight line. Autopsy was conducted on the body of the deceased by Dr. Bhim Singh (PW-6) and as per his Post-Mortem Report Ex.PW-6/A, the death was due to ante mortem hanging via ligature tied around the neck. He did find any external injury on her body, which indicate that death was due to suicide only and was homicidal. Information was conveyed to the relatives of the deceased Smt. Preeti. SDM Sh. Mani Bhushan Malhotra (PW-20) recorded the statement of Smt. Ram Kali (PW-1), who is mother of the deceased as also Smt. Sunita (PW-2), who is Bhabhi of the deceased. After recording the statement, he directed the concerned SHO to take necessary action.