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2002 Supreme(Del) 1172
High Court Of Delhi
ASHOK BATRA - Appellant
Versus
STATE OF DELHI - Respondent
Decided On : 08/14/2002
The main legal point established in the judgment is the requirement for the prosecution to establish the deceased's suicide and the cruelty inflicted upon her beyond reasonable doubt in cases of abetment of suicide and cruelty to women under the Indian Penal Code.
Headnote:
Indian Penal Code - Abetment of suicide, Cruelty to woman - Section 306/34, Section 498a/34 - 306, 498a
Fact of the Case:
The appellant was convicted for the offences punishable under Section 306/34 and 498a/34 of the Indian Penal Code for abetting suicide and subjecting the deceased to cruelty for dowry. The deceased was alleged to have been harassed and treated with cruelty by the appellant and others, leading to her death.
Finding of the Court:
The trial court acquitted the appellants of the charge of murder and dowry death, but held them guilty for the offences punishable under Section 306/34 and 498a/34 of the Indian Penal Code. The appellate court, however, set aside the conviction and acquitted the appellants due to lack of evidence establishing the deceased's suicide and cruelty beyond reasonable doubt.
Issues: The main issue was whether the appellants could be held guilty of abetting suicide and subjecting the deceased to cruelty for dowry under Section 306/34 and 498a/34 of the Indian Penal Code.
Ratio Decidendi: The court emphasized the need for the prosecution to establish the deceased's suicide and the cruelty inflicted upon her beyond reasonable doubt. It highlighted the relevance of evidence and the requirement for corroboration in cases of abetment of suicide and cruelty to women.
Final Decision: The appeal was accepted, and the impugned judgment and order of conviction were set aside. The appellants were acquitted of the charges due to lack of evidence establishing the deceased's suicide and cruelty beyond reasonable doubt.
( 1 ) THIS is an appeal filed by Ashok Batra and three others (hereinafter referred to as the appellants) directed against the judgment and the order of sentence passed by the learned Additional Sessions judge, New Delhi dated 28th November, 2000 and 29th november, 2000 respectively. The learned trial court held the appellants guilty of the offences punishable under Section 306/34 and 498a/34 Indian Penal Code. Each of the appellant was sentenced to undergo rigorous imprisonment for three years and a fine of rs. 15,000/- for the offence punishable under Section 306/34 Indian Penal Code. In default of payment of fine he was to undergo rigorous imprisonment for six months. They were sentenced to undergo further rigorous imprisonment for a period of two years for the offence punishable under Section 498a/34 Indian penal Code and a fine of Rs 2500/- each. In default of payment of fine they were to undergo further rigorous imprisonment for one month. Rs. 60,000/- out of which was directed to be paid to the son of the deceased. The substantive sentences were directed to run concurrently.
( 2 ) THE relevant facts of the prosecution case are that appellant Ashok Batra was married to Kokila @ pinki on 28th March, 1997. It is alleged that immediately after their marriage the husband of the deceased, her brother Pran Batra and their sisters swatanter Batra and Vijay Batra besides Pushba Batra started harassing and treating the deceased with cruelty for dowry and finally caused her death on 8th july, 1997.
( 3 ) THE elder brother of the deceased Rajnikar Hans received information in his office at 11. 05 AM on 8th july, 1997 that his sister had committed suicide. He went to the matrimonial house of her sister but before going there he telephoned the police control room who in turn informed the police station Mehrauli. A daily diary entry was made at the police station. Sub inspector Dharam Bir was directed to proceed to the spot. He had gone to the house of the deceased.
( 4 ) IN one room on the first floor the body of kokila was lying on the floor. One nylone rope was found lying near the dead body. Sub Inspector Dharam bir recorded the statement of Rajnikar Hans who reported that after 10 or 12 days of the marriage the appellants had started harassing the deceased physically and mentally. On basis of the same first information report was recorded with respect to the offences punishable under Section 302/498a/34 Indian penal Code.
( 5 ) THE Sub Divisional Magistrate of the area was informed about the incident. He conducted the inquest proceedings, he recorded the statement even of the father of the deceased on same lines about harassment of the deceased by the appellants who used to abuse her and even assaulted her physically. He stated that there were dowry demands in this regard. They even used to incite appellant no. 3. Postmortem on the mortal remains of Kokila had also been conducted but before that nylon rope was seized which was lying near the dead body. Ligature mark was noticed all over the middle of the neck of the deceased. There were bruises over the middle back of the left arm. The cause of death was opined to be asphyxia as a result of ligature strangulation. Viscera even was sent for chemical analysis but no poison was gound. It was further opined that ligature marks could be possible with the string.
( 6 ) THE appellants were arrested and on these broad facts report under Section 173 Code of Criminal procedure had been filed.
( 7 ) THE learned trial court framed a charge against ashok Batra for the offence under Section 302 -in the alternative 304/b. He was also charged for the offence punishable under Section 498a/34 along with the other appellants. The other appellants were also charged for the offence punishable under Section 304 B indian Penal Code. All the appellants pleaded not guilty and claimed a trial. To these charges the appellants pleaded not guilty and claimed a trial.
( 8 ) THE learned trial cou
