The absence of an alternative charge under Section 306 IPC and the need for separate charges for different offences.

Mukta Gupta, J.

1. By the present appeal the appellant challenges the impugned judgment dated 9th April, 2015 convicting her for the offence punishable under Sections 306/34 IPC in FIR No.226/2013 registered at PS Sangam Vihar and the order on sentence dated 16th April, 2015 directing her to undergo rigorous imprisonment for a period of four years and to pay a fine of `5,000/-; in default whereof to undergo simple imprisonment for a period of three months for the offence punishable under Section 306 IPC.

2. The case of the prosecution is that DD No.7A was received on 27th May, 2013 at 1:30 AM informing that one girl has hanged herself at house No.J-II/527, Gali No.8, Gupta Colony, Sangam Vihar which was assigned to SI Vikram, PW-23. SI Vikram along with Constable Madan Mohan, PW-15 reached the spot and noticed that one piece of chunni was lying on the floor and rest part of the chunni was attached to the iron pipe on the roof. The neighbours informed that the injured had already been removed by her in-laws. After deputing Constable Madan Mohan, PW-15 at the spot, SI Vikram Singh, went to the HAH Hospital. In the hospital he came to know that the deceased was declared brought dead. He collected the MLC and informed about the incident to Inspector K.L. Meena who in turn informed the SHO Inspector Shahid Khan, PW-25. Dead body of the deceased was sent to the mortuary of AIIMS for post-mortem examination and preservation as the HAH hospital was not equipped to preserve the dead body. In the meantime, SHO Inspector Shahid Khan, PW-25 reached the spot and crime team was also called there. On inspecting the place of incident, PW-25 found a suicide note in a notebook which was lying on the bed in the room. PW-25 seized the suicide note and two pieces of chunni. Tehsildar Ajeet Kumar Chaudhary, who visited the spot on the directions of the SDM, recorded the statement of the parents of the deceased.

3. The father of the deceased Anil, PW-2 stated that he was a labourer and had six children. Deceased Gudiya was his eldest daughter. He married his daughter to Amit @ Neetu in May, 2010. In marriage he gave gifts and dowry beyond his financial capacity. After some time of the marriage, Amit @ Neetu used to make the demand of motorcycle and because of this he used to abuse and beat the deceased. On several occasions, the deceased had told him about the harassment and beatings by Amit @ Neetu, husband of the deceased, Shiv Saloni, father–in-law and Ramo Devi, mother-in-law. However, he used to console her. He also stated that Amit @ Neetu was in the habit of drinking and after consuming liquor he used to beat and abuse the deceased. He further stated that the mother-in-law Ramo Devi also used to harass and beat the deceased on trivial issues. The in-laws also used to taunt the deceased for not bearing a child even after three years of marriage.

On 14th May, 2013 the deceased returned to her matrimonial home and after which the parents of the deceased had no word with her. On 27th May, 2013 around 2:00 AM his brother Mahesh informed him to come to Delhi because the deceased was not well. When they reached Delhi, they got to know that the deceased had committed suicide. He suspected Amit @ Neetu and the in-laws of the deceased in the death of his daughter and prayed for legal action. Statement of Savitri, PW-1, mother of the deceased was also got recorded which was in conformity with the statement of PW-2.

4. On the basis of this statement of Anil, PW-2, FIR was registered under Sections 498A/304B/34 IPC. Pursuant to a charge sheet being filed charges for offences punishable under Sections 498A/304B/34 IPC were framed against Amit @ Neetu, Shiv Saloni and Ramo Devi. Shiv Saloni, the father-in-law of the deceased was acquitted of the charges. Amit @ Neetu and Ramo Devi were convicted for offences punishable under Section 306/34 IPC. Since Amit @ Neetu has not filed any appeal, this Court is only concerned with the appeal of Ramo Devi.

5. Lea