Delhi High Court
State vs Mohd Hasan & Ors on 21 July, 2014
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 440/2014
STATE ..... Petitioner
Represented by: Mr.Feroz Khan Ghazi, APP.
versus
MOHD HASAN & ORS ..... Respondents
Represented by: None.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 21.07.2014
1. Having heard the learned counsel for the State we find no case made
out to issue notice to the respondents in the criminal leave petition.
2. The impugned decision dated May 08, 2014 is well considered.
3. The deceased Shanno was married to accused No.3 Mohd.Imran @
Guddu on March 08, 2009. Accused No.1 Mohd.Hasan is the father of
Mohd.Imran. Mohd.Zamil accused No.2 is the brother of Mohd.Imran.
4. Shanno committed suicide on July 29, 2010, a fact not disputed in the
appeal.
5. The three accused faced trial for offence punishable under Sections
498A/304B/34 IPC.
6. Evidence has surfaced that the deceased was suffering from
depression and was under treatment at IHBAS, Shahdara. She remained
admitted at the hospital from August 29, 2009 to September 16, 2009 and as
deposed by Dr.Rajesh, Professor of Psychiatry who had treated her. Shanno
was suffering from adjustment disorder and was evincing depressive
reaction with emotionally unstable personality disorder.
7. The three witnesses of the prosecution who deposed regarding the
dowry demand are Zahir Ahmed, the father of the deceased, Afsar Jahan, the
mother of the deceased and one Mohd.Israil, the brother-in-law of the
deceased.
8. The learned trial judge has rightly noted that in his statement made to
the Sub-divisional Magistrate after Shanno died, Zahir Ahmed did not speak
a word of any dowry being demanded. In his statement made to the Sub-
divisional Magistrate even Mohd.Israil did not utter a word of any dowry
being demanded. Afsar Jahan's statement under Section 161 Cr.P.C. was
recorded on October 02, 2010 i.e. after two months and three days of the
unfortunate incident when Shanno committed suicide. For the first time in
said statement vague allegations pertaining to dowry harassment were made.
The learned trial judge has highlighted the time gap between the date when
the deceased died and Afsar Jahan's statement under Section 161 Cr.P.C
was recorded.
9. The learned trial judge has also referred to a complaint filed by Afsar
Jahan to the DCP, Crime against Women Cell and the proceedings in
relation to the said complaint which bring out that Afsar Jahan had not made
any grievance concerning dowry. Her concern pertained to her daughter not
being given proper medical aid concerning her depression.
10. The learned judge has noted that before the Dowry Cell, Shanno had
evinced desire to live with her husband.
11. A writing Ex.PW-2/A stated to be in the hand of the deceased was
attempted to be used by the prosecution to bring home the point that the
deceased was under a tension concerning a dowry demand. The learned trial
judge has noted cutting and interpolation in the said writing Ex.PW-2/A.
The learned judge has noted that said papers were never handed over to the
Police. PW-2 produced the same when she appeared in Court. No
handwriting expert was summoned to prove that the writing was of Shanno.
12. The learned trial judge has referred to a reason for the deceased
committing suicide being evidenced from the medical papers concerning her
treatment when she was admitted as an indoor patient at IHBAS and prior
thereto was being given medicine at the OPD. The learned trial judge has
opined that the deceased was having psychiatric problems. She was having
adjustment disorder. She had emotionally unstable personality. This could
be the probable reason why Shanno committed suicide.
13. Leave petition is dismissed.
PRADEEP NANDRAJOG, J.
MUKTA GUPTA, J.
JULY 21, 2014
'vn'
