KIRTI ABROL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Bindu, then about 24 years old, her parents having passed away, she being the fifth amongst five siblings, was under the care of her elder brother Madan Mohan Khanna (PW-2). She was married to Kirti Abrol (the appellant) on 12.08.1986, the marriage having been solemnized in Hotel Claridges, New Delhi. Kirti Abrol was living with his parents and other members of the family in property described as B-2/200, Safdarjung Enclave, a 21/2 storeyed structure wherein there is evidence to show that a tenant was occupying the second floor, the rest of the portion being in use of the family that included his elder brother Atul Abrol, his wife and children. The appellant and other members of the family were earning their livelihood from a shop run in the name and style of Sarojini Wool Shop in Sarojini Nagar market area, a locality some distance away from Safdarjung Enclave. On 23.12.1987, Bindu gave birth to a son who was named Karan. On 23.12.1988, the first birth day of the aid child Karan was celebrated by the family in Hotel Claridges, New Delhi. On 01.01.1989 at about 4:30 p.m. Bindu was found having committed suicide, hanging by neck in the matrimonial home. There is unimpeachable evidence to show that at that point of time the other family members, including her husband Kirti Abrol, were not present at the scene. It is stated that the appellant, upon learning about the suicide of his wife, rushed home and brought her down to take her to Safdarjung hospital, where she was brought at 6:00 p.m., only to be examined and declared "brought dead". The medico-legal certificate (Ex.PW-9/A) duly proved confirmed these facts.

(2.) Though in the first information report (FIR) No.5/1989 registered on 05.01.1989 at Police Station Vinay Nagar, some suspicion was expressed by Madan Mohan Khanna (PW-2), the elder brother of deceased Bindu, that she may have been intentionally done to death, it is fairly conceded now on both sides that there is no evidence of the cause of death being anything but suicide. This is confirmed even by the autopsy report (Ex.PW-4/A), proved by autopsy doctor A.K. Sharma (PW-4), it indicating asphyxia due to hanging to be the reason leading to her unnatural death.

(3.) In the FIR (Ex.PW-2/A), registered on the complaint of Madan Mohan Khanna (PW-2), allegations were made about the deceased having been subjected to cruelty on account of illicit demands for dowry and precious gifts by the matrimonial family and, thus, the case was investigated from the prespective of offences punishable under Sections 498-A/304-B of Indian Penal Code, 1860 (IPC). On conclusion of the investigation, report ("charge sheet") under Sec. 173 Crimial P.C. was submitted for trial for the said offences against Kirti Abrol (A1), his elder brother Atul Abrol (A2), his mother Pushpa (A3), his sister-in-law (Bhabhi), Manju, wife of Atul Abrol (A4) and his father Chander Prakash Abrol (A5). All the said five persons were summoned by the Metropolitan Magistrate, who took cognizance and eventually brought them to trial in the court of sessions (in Sessions Case No.129/1995).