HC: Ingredients of section 304 is fulfilled when soon before the unnatural death the victim was subject to cruelty

  

On 26^th August, a bench of Delhi High Court consisting of Justice Rajnish Bhatnagar, while hearing a bail application of one Suneet Kumar who was charged under Section 304B/498A/34 IPC following the suicide of his wife, held that since the death was an unnatural death and soon before the death the deceased was subjected to cruelty, so it cannot be said that the ingredients of Section 304 B IPC were not fulfilled.

Fact of the case:

The present bail application had been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 10/2020 under Section 304B/498A/34 IPC. The facts of the case were that the wife of petitioner namely Jyoti Kumari hung herself with the help of blue plastic rope, knotted with ceiling fan and her legs were on two plastic chairs, in the bed room. It was alleged that she committed suicide due to her husband’s affairs with other girls.

Contention of the petitioner:

The following contentions has been submitted by the petitioner:

 

1. It was contended that in the entire suicide note there is not even a whisper of dowry demand by the petitioner or any of his family member.
2. It was also argued that the entire allegations alleged against the petitioner do not fall within the purview of ingredients of Section 304 B IPC.
3. It was thus urged that the petitioner was on duty at the time of the incident and he had been falsely implicated.

Contention of the respondent:

 

The following contention has been submitted by the respondent:

1. It was argued that the suicide note and the statement of the father of the deceased cannot be read in isolation. There are allegations of demand of dowry and that the death has taken place within 7 years of marriage.
2. It was also contended that the death was an unnatural death and soon before the death the deceased was subjected to cruelty, so it cannot be said that the ingredients of Section 304 B IPC are not fulfilled in the present case.
3. It was further submitted that the material witnesses are yet to be examined and a young girl has lost his life because of the conduct of the petitioner and his family members.

Observation and judgment of the case:

 

The following observation has been made by the hon’ble bench of the court:

1. The voice note produced by the deceased’s brother clearly narrates her mental state and as to how disturbed she was.
2. The bench was also of the view that the material witnesses in this case are yet to be examined.

In the light of the above, the court found no ground for bail of the petitioner.

Thus, the bail application was dismissed.

Read Judgment  

SOURCE ;/www.latestlaws.com

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