March 23, 2019

"‘Ante-mortem hanging’ not an abstract aspect."

Justice Sunil Gaur, dismissed a set of petitions filed by the husband & in-laws of the deceased impugning the order whereby they were put on trial for the offence inter alia under Section 302 read with Section 34 Indian Penal Code.

According to the prosecution, the deceased had made a call to Police Control Room regarding she being beaten by her in-laws. When Police reached her house, she said that she would make a complaint to the Crime Against Women Cell on the next day.

Next day, when the police again reached the spot, they found broken bangles & blood on the floor. The TV was on with full volume. The petitioners were absconding, the deceased was found hanging from the ceiling fan.

Senior Adv. Siddharth Luthra, against the impugned order & drew the Court’s attention to the alleged suicide note. It was pointed out that the deceased’s father had affirmed that the note was in the handwriting of the deceased. It was submitted that it was a case of suicide & there's no basis to frame a charge of murder.

The High Court was of the opinion, “No doubt, it's recorded in the post-mortem report that the cause of death, in this case, was asphyxia due to ante mortem hanging & the suicide note is in the handwriting of the deceased, but this by itself cannot rule out the possibility of murder being committed by petitioners. It's so said because the suicide note is undated & the aspect of ante-mortem hanging cannot be considered in abstract.”

Noting that at the initial stage, only prima facie opinion is to be formed, the Court stated, “Whether death of deceased was homicidal or suicidal is an aspect which cannot be pre-judged at this initial stage. In any case, the presence of lividity over the back & other areas prima facie justifies framing of charge under Section 302 read with Section 34 IPC.”

Thus, the High Court found no merit in the petitions & therefore dismissed the same.

Read Judgement @LatestLaws.com:

Sukhbir Kataria v. State (NCT of Delhi)- Delhi High Court (Downloadable PDF)

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