Anand Mohan v. State NCT of Delhi

PRATIBHA RANI, J MAY 16, 2012 "st"

* IN THE HIGH COURT OF DELHI AT NEW DELHI % RESERVED ON: 10th May, 2012 PRONOUNCED ON: 16th May, 2012 + CRL.Rev.P. 584/2011 ANAND MOHAN ……..Petitioner Through: Mr.B.S.Chowdhary, Adv. Versus STATE NCT OF DELHI ………..Respondent Through: Mr.Navin Sharma, APP . CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI % 1. This Criminal Revision Petition has been filed by the petitioner Anand Mohan, accused in case FIR No.183/2011 registered at P.S.Malviya Nagar, New Delhi against him for committing the offence punishable under Section 498-A/304-B/306 IPC. Petitioner is impugning the order dated 25th November, 2011, vide which the learned ASJ ordered to charge the petitioner for the aforesaid offences. 2. In brief the case of the prosecution is that vide DD.No.9-A, an intimation was received regarding commission of suicide by a lady aged about 28 years. The said DD was assigned to SI Prem Singh, who along with staff reached the spot and met Sh.Dhanesh and two other ladies, namely, Jyoti Singh and Smt.Sunita. One lady was found hanging with iron grill mounted at the door of the bedroom, whose name and address he came to know as Usha Punjab Singh wife of Anand Mohan. 3. Sh.Dhanesh informed the police that the lady along with her husband had been residing there for the last six months as a tenant on the second floor of the house. 4. On 12th May, 2011, two relatives of the deceased came and inquired about Usha Punjab Singh and he accompanied them to the second floor. The door was bolted from inside, when none opened the door, he peeped inside through ventilator and found Usha Punjab Singh in standing position near the door of bedroom but with no movement in her body despite several calls. He opened the door through ventilator and Usha Punjab Singh was found hanging from the grill mounted on the door. He informed the PCR. 5. On enquiry from the relatives present at the spot, it was revealed that Usha Punjab Singh was married to Anand Mohan. SDM was informed and inquest proceedings were conducted. Dead body was sent for post mortem. The brother of the deceased Sh.Rajinder Singh along with his wife Sangeeta Singh came to the police station and this information was given to the SDM. The statement of brother of the deceased was recorded in which he disclosed the marriage of the deceased with Anand Mohan at Arya Samaj Mandir, Kolkata and also her harassment and being treated with cruelty on non-fulfillment of his demand for dowry. The deceased was also harassed by the petitioner saying that he was being offered Rs.25 lacs in second marriage and either she should arrange the money or he would not live with her. The complainant informed that his sister was harassed by Anand Mohan for dowry. She was also threatened with dire consequences on non- fulfillment of demand which led his sister to commit suicide. 6. On the basis of the statement made by the brother of the deceased, FIR No.183/2011 was registered and after completion of investigation charge sheet was filed. 7. One diary and one letter, stated to have been written by the deceased were also recovered and sent to CFSL for comparison of the handwriting on the diary and the letter with the admitted handwriting of the deceased. During the course of hearing, it has been informed that as per CFSL report, letter and diary have been written by the deceased. 8. After considering the material on record, learned ASJ, vide order dated 25th November, 2011, charged the petitioner for committing the offence under Sections 498-A/304B IPC. Alternatively, he was also charged for committing the offence punishable under Section 306 IPC. 9. The impugned order has been challenged by the petitioner on the ground that: (i) there is no proof of marriage between the deceased and Anand Mohan; (ii) The investigation report reveals that brother of the deceased despite being given opportunity to produce any proof of marriage, failed to do so; (iii) The contents of the diary, which as per CFSL report written by her, reveal that she wa