Criminal appeal nos. 451 & 477 of 1998
Delhi High Court
BENCH: Hon’ble P. Nandrajog J., Hon’ble M. Gupta J.
DATE OF JUDGEMENT: 21 July 2014
RELEVANT SECTIONS:
- Section 498A of IPC (Husband or relative of husband of a woman subjecting her to cruelty)
- Section 304B of IPC (Dowry death)
- Section 113B of IEA (Presumption as to dowry death)
- Section 302 of IPC (Punishment for murder)
BACK STORY
Mange Ram’s daughter Sneh Lata was married to Rajbir on 28 April 1986. Her husband Rajbir, Father in law Ishwar Singh, mother in law Kasturi, brother in law Mahavir and sister in law Shakuntala were allegedly having harassed her for the demand of dowry in the form of cash and goods. The demand of scooter from her husband was fulfilled by her father. Then he started demanding a car also. On 10th May 1987, Mange Ram lodged her missing complaint. According to her matrimonial family members, Rajbir and Sneh Lata had left the house picking up a quarrel, they were quite fed up with Rajbir’s behaviour and had wanted him to leave their house and they were also searching for Rajbir and Sneh Lata. The police searched her matrimonial house and they found the locked room on the first floor from where the foul smell was emanating. They broke open the lock and the deceased body of Sneh Lata with a chunni(cloth) tied on her neck were found. The charges were framed against five accused of an offence punishable under section 498A and 302 (which was later amended to section 340B) of IPC. Rajbir was unheard for five years and arrested after that. He pleads an alibi of having left the house on 8th May 1987 for the job. But he had not established the plea of alibi. Also, he was unable to explain the circumstance under which his wife died which was required to explain under section 113B of IEA.
POSTMORTEM REPORT
The postmortem examination of deceased was conducted by Dr L.T. Ramani and the report concluded the cause of death was asphyxia due to strangulation and a chunni tied around the neck of deceased was the object used to strangulate her. The pressure abrasion marks and horizontal ligature marks around the middle of the neck indicated that the death was homicidal. But there was no evidence found against the five accused were present in the house on the day when Sneh Lata died.
JUDGEMENT
The court framed charges against the accused Rajbir for committing offences punishable under section 498A along with section 304B of IPC which included crime of cruelty or harassment by demanding dowry and caused the dowry death of deceased. Accused Ishwar Singh, Kasturi Devi, Mahavir and Shakuntala were acquitted of both the charges framed against them.
Thus, the court awarded the rigorous imprisonment for 3 years punishable under section 498A of IPC and the life imprisonment punishable under section 304B to the accused Rajbir Singh.