* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. No.574/2016 Date of Decision: 22.11.2016 STATE (NCT) OF DELHI ..... Petitioner Through Ms.Aashaa Tiwari, APP for State.

With SI Kamlesh, PS Ambedkar Nagar Versus MANOJ KUMAR @ LALA & ORS. ..... Respondents Through None.

CORAM:

HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA GITA MITTAL, J (Oral)

CRL. M.A. 16827/2016

1. The petition is accompanied by an application seeking condonation of delay of 55 days in filing the leave petition.

2. For the reasons stated in the application, we are satisfied that the petitioner was prevented from sufficient cause in filing the leave petition belatedly. The delay of 55 days in filing the leave petition is, therefore, hereby condoned. This application is allowed.

CRL.L.P. No.574/2016

1. By way of the present petition, the petitioner has sought leave to appeal against a judgment dated 19th April, 2016 whereby four persons, namely, Manoj Kumar @ Lala (Husband), Mrs.Meena (mother-in-law), Ms.Barkha and Ms.Alka (Sisters- in-law) were granted benefit of doubt and acquitted of the charges under Section 498A/304B/34 IPC which stood framed against them.

2. We have heard learned Additional Public Prosecutor for the State on this petition and have carefully perused the record of the trial court placed before us.

3. The factual matrix giving rise to the present petition is within a narrow compass. The deceased Anita was married to Manoj @ Lala on 28th September, 2011 as per Hindu rites and customs. From their wedlock, the couple was blessed with a female child. On 5th March, 2013, Manoj found Anita unconscious in her room and rushed her to the Saket City Hospital in a critical condition. Anita, unfortunately, expired in hospital on 6th March, 2013.

4. Inasmuch as the hospital opined that the death was on account of consumption of the poison within 16 months of the marriage, the matter was brought to the notice of the police. FIR No.103/2013 came to be registered on 7th March, 2013 by the Police Station Ambedkar Nagar under Section 498A/406/304-B/34 IPC which was logged as DD No.45A time 20:40 hours.

5. During the investigation, the petitioner recorded the statements of the parents of the deceased, namely, Dharamwati (Mother) and Brahmjit (Father). Placing the reliance on the statements of the parents of the deceased, a charge sheet against the husband (Manoj), mother-in-law (Meena) and sisters-in-law (Barkha and Alka) was filed under Section 304B/498A/406/34 IPC in court. By an order dated 3rd July, 2013, the case was committed by the Metropolitan Magistrate after compliance of Section 207 of the Cr.P.C. A charge was framed by the Sessions Court under Section 498A/304B/34 IPC.

6. The prosecution examined 29 witnesses in support of its case.

The evidence which came on record against the respondents was put to them under Section 313 Cr.P.C. in which they controverted the evidence and claimed innocence. All the respondents in their statements stated that the deceased had been a strong headed person and stubborn in nature.

7. So far as the circumstances in which she would have consumed the poison are concerned, the respondents had explained that on 13th March, 2013, the deceased wanted to accompany her family to Agra to attend a marriage at her maternal uncle’s place. Her husband Manoj – the respondent No.1 who was working as a Class-IV employee at the All India Institute of Medical Sciences, had told Anita that he got his salary only around 7th day of the month and consequently, they would go after receipt of his salary. This had infuriated the deceased and led to Anita consuming the poison out of anger.

8. The respondents led evidence in defence and examined four witnesses, namely, DW-1 Mahesh, DW-2 Reena, DW-3 Abhay Singh and DW-4 Vijay Kumar Jha.

9. After considering the entirety of the material placed before him, by the judgment dated 19th April, 2016, the learned trial Court came to the conclusion that there was no credible evidence of demand of dow