THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: 02.07.2007

CRL. REV. P. 695/2002

BALDEV RAJ

...Petitioner

- versus -

CHANDER PRAKASH & ORS.

...Respondents

Advocates who appeared in this case:

For the Petitioner

: Mr P. R. Thakur

For the Respondent

: Mr R. K. Naseem with Mr Manu Sharma and

Mr Sanjay K. Manan

CORAM:-

HON'BLE MR JUSTICE BADAR DURREZ AHMED

1.

Whether Reporters of local papers may be allowed

to see the judgment?

Yes

2.

To be referred to the Reporter or not?

Yes

3.

Whether the judgment should be reported in Digest?

Yes

BADAR DURREZ AHMED, J

1. This criminal revision petition has been filed by Mr Baldev Raj

against an order of acquittal passed by the learned Additional Sessions Judge on

06.07.2002, whereby the respondents have been acquitted of the offences under

Section 498A and 304 B IPC. The petitioner (Mr Baldev Raj) is the father of

the deceased Kavita, who died on 06.07.1993 as a result of a fall from the

fourth floor of her matrimonial home. Late Kavita was married to the

respondent No.1 (Chander Prakash) on 02.02.1989. They had a girl child of

2007:DHC:670

about 3-1/2 years of age at the time of Kavita's demise. The respondent Nos. 2,

3 and 4 are the brothers-in-law of late Kavita. The respondent No. 5 (Gulshan

Rani) is Kavita's mother-in-law. It is relevant to point out that no appeal was

preferred against the order of acquittal by the Government of NCT of Delhi.

Since the petitioner is aggrieved and he has no recourse to file an appeal, the

present criminal revision petition has been filed by him.

2. The case against the respondents emanates from FIR No. 377/1993

registered at Police Station Paschim Vihar, under Sections 498A / 302B IPC.

The prosecution case was that late Kavita, daughter of the present petitioner

Baldev Raj and Smt. Varsha Rani, married Chander Prakash on 02.02.1989.

The couple started living together, firstly, at A-6, Pink Apartments and later at

A-45, Pink Apartments, Paschim Vihar, Delhi. Late Smt. Kavita died an

unnatural death in the night intervening 5th and 6th July, 1993 at her

matrimonial house. The police had received information through an unknown

person with regard to the death of Smt. Kavita. The same was recorded in DD

No. 30-A at about 4.45 am on 06.07.1993. When the police officials arrived at

the scene of the incident, that is, house No. A-45, Pink Apartments, Paschim

Vihar, they found the body of late Smt. Kavita on a cot on the ground floor.

The parents of the deceased and the family members of her in-laws were also

present. The statements of the parents of late Smt. Kavita, namely, Smt. Varsha

Rani and Mr Baldev Raj (the petitioner herein) were recorded by the Sub-

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Divisional Magistrate. The statement of Smt. Varsha Rani was treated as the

complaint and the SDM directed the Station House Officer of Police Station

Paschim Vihar to register the case and investigate the matter.

3. As per the statement of Smt. Varsha Rani, recorded by the SDM,

Kavita and Chander Prakash, after their marriage on 02.02.1989, lived at A-6,

Pink Apartments for about 1-1/2 years. Thereafter, they shifted to A-45, Pink

Apartments, Paschim Vihar along with other family members of Chander

Prakash. It was alleged that Kavita and Chander Prakash used to quarrel /

dispute on account of domestic matters. It was also alleged that Chander

Prakash used to consume liquor and then used to beat Kavita. It was also

stated that about 15 days prior to the making of the statement before the SDM,

Chander Prakash had beaten Kavita and she (Kavita) had come to her parents'

house at B-3/279, Paschim Vihar. It was stated that Smt. Varsha Rani and

Baldev Raj pacified her and after one day Kavita returned to her matrimonial

home. At about 4 am on 06.07.1993, Smt. Varsha Rani and Baldev Raj

received information that Kavita had jumped from the house and had died.

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