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IN THE HIGH COURT OF DELHI AT NEW DELHI
P.S. TEJI, J.
BISHAMBER & ORS. – Appellants
Versus
STATE OF DELHI – Respondent
CRL.A. No.101 of 2000
Decided On : 16-12-2016
Dowry Death - Indian Penal Code - Section 304B - 304B - Summary of Acts and Sections: Section 304B of the Indian Penal Code - The court discussed the ingredients of dowry death under Section 304B of the IPC, the presumption as to dowry death under Section 113B of the Evidence Act, and the necessary elements to establish an offence under Section 304B IPC. The court emphasized the continuous proximity of taunting by the appellants and the effect of cruelty based on dowry demand, as well as the live link between the cruelty and the occurrence of death.
Fact of the Case:
The deceased was subjected to continuous harassment and taunting by the appellants for bringing less dowry, as evidenced by a suicide note and a letter written by the deceased. The court found that the death of the victim was unnatural and occurred within seven years of her marriage.
Finding of the Court:
The court found that the prosecution successfully proved the ingredients of Section 304B of IPC beyond reasonable doubt, leading to the presumption as provided under Section 113B of the Indian Evidence Act. The court upheld the judgment and order on sentence, dismissing the appeal filed by the appellants.
Issues: The issues revolved around the unfairness of the investigation, the alleged wrongful harassment for bringing less dowry, and the interpretation of the suicide note and letter written by the deceased.
Ratio Decidendi: The court emphasized the continuous proximity of taunting by the appellants and the effect of cruelty based on dowry demand, as well as the live link between the cruelty and the occurrence of death. The court also highlighted the necessary elements to establish an offence under Section 304B IPC.
Final Decision: The court upheld the judgment and order on sentence, dismissing the appeal filed by the appellants and directing them to surrender before the trial court concerned within a period of 15 days to serve the remainder of the imprisonment sentence.
P.S.TEJI, J.
1. Aggrieved by the judgment of conviction dated 15.02.2000 passed by the learned Additional Sessions Judge, Delhi convicting the appellants for the offence punishable under Section 304-B of Indian Penal Code (hereinafter referred to as I.P.C.), and order on sentence dated 15.02.2000, whereby the appellants have been sentenced to undergo rigorous imprisonment for a period of seven years.
2. The factual matrix emerges from the record is that the marriage of Mithlesh (since deceased) was solemnized with Ravinder Kumar on 28.11.1985 as per Hindu rites and ceremonies. Furniture, one sofa set, dining table, washing machine and 10 tolas of gold and other clothes and goods were given in marriage by the parents of the deceased. After marriage, when she visited 4-5 times her parental home and told her father that Ravinder Kumar, Bishamber Singh, Kailash Wati had been harassing her asking for more money, colour TV and oftenly saying that she is not at all beautiful. On 04.10.1987, i.e. about two years of marriage, at about 5.15 PM an information was received from PCR that one Bishamber had given information on telephone that Mithlesh had committed suicide in her maternal home. Information recorded, copy of the same entrusted to Sub-Inspector Dalip Singh for investigation, who reached the place of occurrence and found one room closed from inside. Information to SDM was sent, who reached the spot at about 8.20 PM. In his presence, the door of the room was broke open, body of Mithlesh was found hanging with a ceiling fan tied with a chunni. SDM (PW-7) recorded the statement of Ram Kishan (PW-1), father of the deceased. A suicide note was also recovered upon a search of the room where the deceased committed suicide. Statement of Mukesh (PW-2) was also recorded. The suicide note, the stool, broken piece of door and one pencil were seized. Inquest proceedings were initiated, dead body was sent for post mortem. On the statement of Ram Kishan (PW-1) the SDM (PW-7) made an endorsement and ordered for registration of case under Section 498-A/304-B of IPC. During investigation, all the three accused persons were arrested and their personal search memos were prepared.
3. After completion of investigation challan was filed. Case was committed to court of sessions for trial, charge under Section 304-B of IPC only was framed against the accused persons, to which all the accused persons pleaded not guilty and claimed trial.
4. In support of its case, prosecution examined 16 witnesses. They are, father of deceased - Ram Kishan (PW-1); brother of the deceased - Mukesh (PW-2); Doctor who conducted the post mortem (PW-3); cousin of the deceased - Raj Kumar (PW-4); Inspector Devender Singh (PW-5), who prepared scaled site plan; Head Constable Nand Lal (PW-6); SDM – M.M. Kutti (PW-7) ; ASI Lal Chand (PW-8), who recorded the FIR; friend of deceased – Babita (PW-9); Yad Ram (PW-10) – neighbor of PW-1; Photographer (PW-11), who had taken the photographs of the scene of occurrence; Head Constable Baljit Singh (PW-12); Inspector Shyam Lal (PW-13), Investigating Officer this case; Official posted in PCR (PW-14); Sub-Inspector Dalip Singh (PW-15); ACP H.K. Yadav (PW-16), who took over the investigation on 14.12.1987. The statements of the appellants were recorded under Section 313 of the Cr.P.C.
5. After considering the facts, evidence led and the material on record, the learned Additional Sessions Judge held the appellants guilty for an offence punishable under Section 304-B vide judgment and order on sentence dated 15.02.2000.
GROUNDS OF CHALLENGE
(i) That the investigation in the case has been unfair, tainted and dishonest. The prosecution has recovered the suicide note Ex.PW-1/C from the search of the room but the said suicide note was not referred to in the complaining statement by PW-1 Ram Kishan (father of the deceased). The letter Ex.PW-1/A-1 to A-3 which were written by the deceased to her friend Babita have been shown to have been produced
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