Her brother and uncle used to administer anti depression medicines to her secretly.
Brief facts As per the prosecution story, the marriage of Kavita Kusum since deceased was solemnized with Karamvir, son of Mahavir, resident of House No.
She was having depressed mood and expressed pessimistic ideas and companyplained against her in laws and husband.
Learned senior companynsel further companytended that she was suffering from mental depression even before her marriage.
History of the patient is companytained in Ex.
Even on the day of sakrant, when the brother of the deceased visited her matrimonial home, the accused threatened them that the household articles of Kavita will be thrown out.
There is numberpagination in the patient register but serial number has been maintained.
The Division Bench of the High Court, by order dated 14.01.2010, dismissed the appeal filed by the appellants herein while modifying the sentence of life imprisonment to that of rigorous imprisonment for 10 years for the offence under Section 304B while maintaining the sentence in respect of other offence.
The Division Bench also dismissed the revision filed by the companyplainant.
Her Judgment and insight was read to be fair by me.
1 herein, all were living in the house at Rohtak.
Despite all efforts, the attitude and relations of her in laws towards her went from bad to worse.
2 was present in his office on 26.09.1996 located at M.D. University Campus at Rohtak but he did number attend to his wife at the relevant time.
As per my record there was numberfamily or past history of psychiatric illness.
2 herein and Dharamveer and Paramveer brothers of Karamvir were arrayed as accused.
Both the accused were further sentenced to undergo rigorous imprisonment RI for 2 two years, along with a fine of Rs.
DD were told by patients husband and patient herself .
36, Type II, D. University Campus, Rohtak.
Dr. V.P. Mehla DW 2 was apprised by the deceased about the harassment and the maltreatment by her in laws a month prior to her death when she was taken to the aforesaid doctor for the alleged treatment.
208 of 2000 before the High Court for setting aside the judgment and order dated 22/27.09.1999 to the extent of acquittal of Dharamveer and Paramveer.
The case was companymitted to the Court of Sessions and numbered as 11/10.04.1997 and Maya Devi mother in law of the deceased appellant No.
She also expressed occasional suicidal ideas.
On the basis of above findings, I judged her to be suffering from moderate depressive episode and I had prescribed her capsule flute 20 mg.
Whatever was stated by husband of the patient was recorded in Ex.
1 herein , brothers Dharamveer and Paramveer and Sister SonikaPinki started harassing, maltreating and beating Kavita since deceased on account of dowry.
36, Type II, M.D. University Campus, Rohtak according to Hindu rites and ceremonies on 17.07.1994.
1 herein , Karamvir husband of the deceased appellant No.
After 20 25 days of the solemnization of the marriage, Karamvir appellant No.
Admittedly, appellant No.
1 and 2 herein for the companymission of offence under Sections 498A and 304B of the IPC and sentenced them to suffer rigorous imprisonment RI for life under Section 304B of the IPC.
On the basis of the said companyplaint, FIR No.
There is one entry only on 26.08.1996 and that is at the fag end of the page.
Except appellant No.
In support of the same, learned senior companynsel relied upon the deposition of Dr. V.P. Mehla, MD, Consultant Psychiatric Centre, Civil Hospital, Rohtak who deposed as under Kavita wife of Karambir remained under my treatment and because I have seen her in the OPD on 26.08.1996 vide OPD No.
A companyplaint was lodged by Kanwar Singh PW 3 at the P.S. Civil Lines, Rohtak regarding the incident on 27.09.1996 alleging torture and harassment meted out to the deceased on account of demand of dowry who had companymitted suicide by companysuming some poisonous substance.
488 DB of 1999 before the High Court.
Rival Submissions Learned senior companynsel for the appellants submitted before this Court that Kavita since deceased was suffering from mental depression and psychosis and numbercase has been made out for bringing the same within the definition of dowry as companytained in the Dowry Prohibition Act, 1961.
Being aggrieved, the appellant herein filed Criminal Appeal No.
According to DW 2, the deceased was so much depressed as a result of the act of cruelty meted out to her at the hands of the appellants that she developed suicidal tendencies.
Since that demand was number fulfilled, the deceased was left with her father at Delhi.
The patient suffered from sadness of mood, absent mindless, loss of interest in the usual activities, decreased sleep and appetite for the last two month, when I first saw her.
On mental status examination by me, she was found to have said, irritable facets.
A sum of Rs.
Heard Mr. T.S. Doabia, learned senior companynsel for the appellants and Mr. Narender Hooda, learned senior companynsel for the respondent State.
In an expert hand, this disease is 100 curable.
I cannot specifically state as to what was told by the patient and what was by her husband, Ex.
I have number mentioned any marks of identification or signatures of the patient Kavita in Ex.
On 26.09.1996, the police got a telephonic message from a stranger at 330 a.m. that the dead body of a woman was lying in House No.
Aggrieved by the said judgment, the appellants have preferred this appeal by way of special leave before this Court.
Moderate depressing episode is a diagnostic category as defined in ICD/10 as a depressive illness with symptoms of depression with moderate intensity.
When the companyplainant enquired about the matter, the appellants informed the companyplainant that the appellant No.
466 of 1966 was registered under Sections 498A, 304B, 306/34 of the Indian Penal Code, 1860 in short the IPC .
On companying to know about the incident, Kanwar Singh the companyplainant father of Kavita reached the spot and identified the body to be that of his daughter.
Subsequently, the companyplainant requested to companypromise the matter and tendered his apology in writing.
After investigation, charges under Sections 498A and 304B read with Section 34 of the IPC were framed against the accused persons.
The case was companymitted to the Court of Sessions and the accused were found guilty under Section 304B and 498A of the IPC.
On 26.09.1996, the companyplainant got the information about the death of his daughter.
In June 1996, the deceased was brought to home by the accused persons.
It is companyrect that patient only came to me on 26.08.1996.
DD companytains the mixture of observation of the companyplaints of patient and her husband.
Kanwar Singh the companyplainant also filed Criminal Revision No.
I did number feel the need of any test of the patient.
25,000/ for the purchase of refrigerator and gold chain to the appellant No.
30,000/ was made to meet the kitchen expenses by the appellants.
Kavita was sent with her husband on the assurance that the accused family would number harass her in future.
The Court of Sessions Judge, Rohtak, by order dated 22/27.09.1999, while acquitting Dharamveer and Paramveer brothers of Karamvir, companyvicted the appellant Nos.
There is ample evidence that the deceased was harassed, maltreated and was subjected to cruelty, for and in companynection with the demands for dowry by the accused.
The assertion made by learned senior companynsel for the appellants that the deceased was suffering from moderate depressing episode and was having suicidal tendencies prior to her death is of numberconsequence.
The testimony of DW 2 shows that the accused had created such a charged environment in her matrimonial home that she developed suicidal tendencies.
1034/96.
Ans I can give numbertime in this case but routine I used to take new patient 20 to 30 minutes.
Question How much time did you take examining patient Kavita in this case ?
Patient had this illness as first episode.
20,000/ was paid to appellant No.
After some days, when the companyplainant visited her matrimonial home at Rohtak, he was informed that situation has number changed and whenever she brings money, the peace returns for 10 20 days otherwise she is beaten mercilessly by the accused persons.
A further demand of Rs.
Besides Kavita, who was examined on 26.8.96 as a new patient, I also examined old patients on the said date and their registration numberis mentioned as 226/94 and 983/96 by the side of entry number 1034.
DC is her OPD slip.
2 herein , his mother Maya Devi appellant No.
As per my record, patient was suffering from moderate depressing episode.
488 DB of 1999 whereby the Division Bench of the High Court dismissed the appeal.
OD and I have companynseled her and her husband who had accompanied her, regarding the needful treatment and importance of psychosocial support in this disease.
K. Agrawal, J. This appeal has been filed against the judgment and order dated 14.01.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
