ASHOK Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Ashok challenges the impugned judgment dated 28th April, 2012 convicting him for offences punishable under Sections 498A/304B Penal Code and the order on sentence dated 9th Aug., 2012 directing him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000.00 for offence punishable under Sec. 498A Penal Code and rigorous imprisonment for a period of seven years for offence punishable under Sec. 304B IPC.

(2.) Learned counsel for the appellant contends that the only eye-witness on the spot was Sunita. She categorically stated that she was residing in the said house and when the appellant came home, the room was closed from inside and the deceased committed suicide by hanging herself from the fan. She did not depose about any quarrel or any untoward incident that took place between the deceased and the appellant soon before the death of the deceased. The allegations of the mother and brother of the deceased that there was demand of dowry are vague and general in nature. No previous complaint in respect of demand of dowry or harassment was lodged. Further it is self contradictory that on one hand allegation of demand of dowry was made by mother of the deceased and on the other hand the deceased was not being permitted to go to her parental home. Though the mother stated that she lodged a complaint to the police however the same has not been proved. Mother of the deceased made material improvements in her testimony. She deposed that she took a loan of Rs. 2000.00. The witness has been duly confronted with her earlier statement wherein this fact was not recorded. The essential ingredients of offence punishable under Sec. 304B Penal Code i.e. harassment in relation of demand of dowry soon before death having not been proved, the appellant is entitled to be acquitted.

(3.) Learned amicus curiae Mr. Bharat Chugh, in addition submits that the allegation is that Rs. 2000.00 were taken from the parents of the deceased for her treatment. The same does not fall in the definition of 'dowry' as the same is not in relation to marriage. The allegation that the deceased was given burn injuries by cigarette butts is also exaggerated as the same is not supported by the postmortem report. Further the allegation that the deceased was not given food is falsified by the postmortem report which notes that the deceased was "strong and well built". Deceased has suicidal tendency and had earlier also attempted to commit suicide as is admitted by prosecution witnesses. The deceased was a hypersensitive person and could not handle the normal wear and tear of family life. Reliance is placed on the decision of Supreme Court reported as (1994) 1 SCC 73 State of West Bengal Vs. Orilal Jaiswal and Anr.