Delhi High Court
Prem & Ors. vs State on 18 December, 2012
Author: V.K.Shali
* HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 1142/2011
Decided on : 18.12.2012
PREM & ORS. ...... Appellants
Through: Mr.Anurag Jain, Advocate.
Versus
STATE ...... Respondent
Through : Mr.Sunil Sharma, APP
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
V.K. SHALI, J. (ORAL)
Crl.M.B. no.645/2012
1. This is an application filed by the appellant no.1 for
suspension of sentence and grant of bail.
2. Briefly stated the facts of the prosecution's case against
the appellants are that an FIR no.369/2003, dated
06.10.2003, under Section 498A/406/304B/34 IPC was
registered on the direction of SDM, Narela. The SDM had
recorded the statement of Rai Singh, father of the
deceased who had stated that his daughter Anita (since
deceased) got married to Rajkumar, resident of Village &
PO Khera Khurd, Delhi about 4 years ago. He alleged in
his statement that the deceased was being harassed and
beaten by her mother in law and brother in law for
demand of dowry right from the beginning. Amount of
`10,000/- and `33,000/- was given to the mother in law
of the deceased for purchase of motorcycle by the
parents of the deceased.
3. When the deceased was blessed with a child, another
sum of `19,000/- was alleged to have been given for
purchase of a Buffalo on the demand of the mother in
law. Since the lust for money and dowry did not stop,
the deceased was subjected to great deal of harassment
and mental torture as a consequence of which ten days
prior to the date of the death of the deceased, she was
allegedly beaten up by her mother in law, brother in law
and sister in law. They had also placed a demand for a
Maruti car. Thereafter, she was sent to her parent's
home wherefrom she was taken back 3 days prior to the
date of incident. She had allegedly committed suicide.
On the basis of the aforesaid facts, a case under Section
304B/498A/406/34 IPC was registered.
4. The prosecution after filing challan adduced evidence and
the appellant no.1/Prem and her two sons; appellant
Nos.2 and 3 were convicted for an offence u/S
304B/498A/406/34 IPC.
5. So far as the appellant no.1 is concerned, she was
sentenced to seven years for offence under Section 304B
and three years each for offence u/S 498A and 406 IPC.
6. The learned counsel for the appellants has contended
since the appellant no.1 is an old lady of 70 years of age
and has already been in custody for more than a year
and the appeal of the appellants is likely to take some
time, therefore, her sentence be suspended and she be
enlarged on bail during the pendency of the appeal.
7. I have carefully considered the submissions made by the
learned counsel for the appellants and perused the
record including the nominal roll received on 12.12.2012.
The nominal roll shows that as on date, the appellant
no.1 has undergone sentence of one year and five
months or so. The nominal roll also shows that she has
yet to undergo sentence of 5 years and 4 months or so.
8. The appellant no.1 has still not undergone half of the
total sentence and moreover, the nature of offence for
which the appellant no.1 has been convicted is one of the
most heinous offences, where a woman subjects her
young daughter in law to great deal of mental torture
and harassment with a view to extract money as dowry,
which becomes basis of her taking her own life.
9. There is a seal of judicial approval on the case of the
prosecution which shows that she is guilty for the death
of a young married woman who was also blessed with a
child. It is one of the most difficult thing to do for a
mother to end her life when her infant child is alive and
leave him or her at the mercy of her in laws or
unscruplous husband. This speaks about the volume of
the torture or mental harassment which this lady must
have undergone. I feel that this is not a fit case where
the appellant no.1 deserves to be enlarged on bail and
her sentence be suspended. Accordingly, the application
of the appellant no.1 is dismissed.
CRL.A. 1142/2011
Since the appeal is admitted, list the matter in the
category of 'Regulars' on its own turn.
V.K. SHALI, J.
DECEMBER 18, 2012
RN
