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$-25 HIGH COURT OF DELHI
CRL.REV.P. 437/2009
MOHINI TIWARI & ANR. ..... Petitioners
CRL.REV.P. 437/2009
MOHINI TIWARI & ANR. ..... Petitioners
VERSUS
STATE
CORAM:
Through Mr. K.K. Jha, Advocate. ..... Respondent
Through Mr. C.L. Gupta, APP for the State with
SI Girraj Singh, P.S. Badarpur.
Ms. Savita Singh, Adv. for R-2.
HON'BLE MS. JUSTICE MUKTA GUPTA
16.08.2011 Today again an adjournment is being sought by learned counsel for the Petitioner on the ground that he is not ready with the matter. Earlier also on 16th November, 2009, 26th February, 2010, 19th May, 2010, 21st September, 2010 and17th February, 2011 the matter was adjourned on the request made on behalf of learned counsel for the Petitioners. Thus, I am not inclined to grant any further adjournment and proceed to decide the matter.
This is a petition challenges the order framing charge against the
Petitioners for offences punishable under Sections 498A/304B/302/34 IPC.
The allegations as set out in the complaint made by Shri Jamadar Ojha, 2011:DHC:19869
• father of the deceased Poonam Devi are that he married his daughter to the
Sanjay Tiwari, son of the Petitioners, 5 years ago according to Hindu rites and customs. Petitioner No.2 i.e. the father in law of the deceased used to threaten him saying "you give me money otherwise I would make your daughter leave". The complainant never gave money. About one month ago, his son in law had taken his deceased daughter to their house and on 9th February, 2005 at about 5.45 a.m. he received a telephone call from Sanjay's sister, who told him that his daughter had fallen from the roof top. When he along with his wife reached the house of the Sanjay, he found that his daughter had died. Postmortem of the deceased was conducted on 1oth
February, 2005. As per the opinion of the doctor the cause of death was
Asphyxia due to manual strangulation (Throttling) of neck, which was sufficient to cause death in ordinary course of nature. The statement of the mother ofthe deceased was also recorded who stated that after the marriage, her daughter's husband Sanjay, mother-in-law and father-in-law used to harass her for bringing more dowry due to which most of the times she resided at their house.
Since there are clear allegations in the statement of the witnesses, the deceased died an unnatural death within 7 years of marriage, the cause of death being Asphyxia due to manual strangulation, there is a prima facie
• case for framing the charges against the Petitioners, which raises a strong suspicion of commission of offences, I do not find any infirmity in the order framing charge against the Petitioners.
The petition is dismissed.
AUGUST 16, 2011 vkm
Through Mr. C.L. Gupta, APP for the State with
SI Girraj Singh, P.S. Badarpur.
Ms. Savita Singh, Adv. for R-2.
HON'BLE MS. JUSTICE MUKTA GUPTA
16.08.2011 Today again an adjournment is being sought by learned counsel for the Petitioner on the ground that he is not ready with the matter. Earlier also on 16th November, 2009, 26th February, 2010, 19th May, 2010, 21st September, 2010 and17th February, 2011 the matter was adjourned on the request made on behalf of learned counsel for the Petitioners. Thus, I am not inclined to grant any further adjournment and proceed to decide the matter.
This is a petition challenges the order framing charge against the
Petitioners for offences punishable under Sections 498A/304B/302/34 IPC.
The allegations as set out in the complaint made by Shri Jamadar Ojha, 2011:DHC:19869
• father of the deceased Poonam Devi are that he married his daughter to the
Sanjay Tiwari, son of the Petitioners, 5 years ago according to Hindu rites and customs. Petitioner No.2 i.e. the father in law of the deceased used to threaten him saying "you give me money otherwise I would make your daughter leave". The complainant never gave money. About one month ago, his son in law had taken his deceased daughter to their house and on 9th February, 2005 at about 5.45 a.m. he received a telephone call from Sanjay's sister, who told him that his daughter had fallen from the roof top. When he along with his wife reached the house of the Sanjay, he found that his daughter had died. Postmortem of the deceased was conducted on 1oth
February, 2005. As per the opinion of the doctor the cause of death was
Asphyxia due to manual strangulation (Throttling) of neck, which was sufficient to cause death in ordinary course of nature. The statement of the mother ofthe deceased was also recorded who stated that after the marriage, her daughter's husband Sanjay, mother-in-law and father-in-law used to harass her for bringing more dowry due to which most of the times she resided at their house.
Since there are clear allegations in the statement of the witnesses, the deceased died an unnatural death within 7 years of marriage, the cause of death being Asphyxia due to manual strangulation, there is a prima facie
• case for framing the charges against the Petitioners, which raises a strong suspicion of commission of offences, I do not find any infirmity in the order framing charge against the Petitioners.
The petition is dismissed.
AUGUST 16, 2011 vkm
JUDGMENT