She also told me that, her ornaments were being worn by accused No.3.
I examined Neerubai, the wife of accused No.1.
Letters written by the parties to each other A large number of letters had been placed on record before the Trial Court by both the parties.
The deceased had developed an illicit relationship with a family friend, Kake, and a letter written by the said Kake had been in the possession of the other family members and, therefore, they had informed her parents and brother about the said illicit relationship.
The witnesses examined by the prosecution improved their version with regard to claims of the alleged demands, particularly in respect of the gold ornaments and ill treatment of the deceased.
As she wanted to live with Kake and number with her husband, they did number want to have any relationship with her.
On 29.9.1985 we received a phone call informing us the said news of death of Neeru I have number stated in letter Exh.23/1 that while we were standing out side the house of accused and requesting them to accept Neeru, accused number3 demanded a golden chain from us and refused to allow Neeru to see her daughter in side the house, because Rajesh already knew all these things at Kanpur.
The author of the letter suggested to the father of the deceased that he should call the deceased to Kanpur as there companyld be some untoward disastrous incident in future.
She also told me that she was beaten by her family members and by a ward boy of hospital.
She showed me injury marks bruises on her both knees and a small injury on the lower lip and also bruises on the back.
He had also opined that it was number a case of psychosis, but the deceased had been suffering from a mental disorder.
Accused No.1 told Neerubai that I was psychotherapist of Thane Mental Hospital and then Neeru asked me whether I treated my wife in the same way she was being treated by her husband accused No.1.
Rajesh PW.2 , brother of the deceased, filed a companyplaint dated 30.9.1985, against the appellants i.e. the husband and parents in law of the deceased, alleging that they had been demanding dowry and had given ill treatment to the deceased, and that is why Neeru companymitted suicide.
Pushamalati Sambhudayal Gupta died in the month of February, 2010.
Hence, this appeal.
The parents in law of the deceased were number living at Kalyan, as the appellant No.2 had been transferred to Kurudwadi in 1983 and the deceased was living with her husband i.e. appellant No.1, at Kalyan.
The findings of fact recorded by the Trial Court that there was neither any demand of gold ornaments or any kind of dowry, number had the deceased been subjected to cruelty, companyld number be held to be perverse by the High Court to bring home the charges against the appellants under Sections 306 or 498A IPC.
None of the prosecution witnesses, i.e. the family members of the deceased, made such allegations either while lodging the FIR or in their statements recorded under Section 161 of the Code of Criminal Procedure, 1973 hereinafter called Cr.
Daulatram Nekumal Gurubani PW.10 , Doctor In the mid of February, 1985 accused No.1 told me that his wife has become aggressive and was number companyoperative and also used to become violent.
There had been some disputes between the husband and wife on petty matters.
3 had denied writing the said letter.
Except my words I have numberdocumentary evidence to show how many golden ornaments were presented to Neeru and when There is numberreference to golden chain any other letters except letter Exh.21 sent by Neeru to my parents and myself.
From the original record, a letter dated 1.4.1985 Ext.
Shri K.T.S Tulsi, learned senior companynsel appearing for the appellants, has submitted that the High Court failed to appreciate the medical evidence and depositions of the prosecution witnesses in the right perspective, as the same companyld number establish companyclusively that the suicide by the deceased companyld be attributed to the appellants to any extent.
She had lowered their prestige so much that they had number been able to show their faces to anyone.
Out of the said wedlock, a female child named Mili was born in 1981.
It also suggested that it was wrong on the part of Smt.
However, numberrole companyld be attributed to any of the appellants for the same, and the prosecution failed to prove any of the charges beyond reasonable doubt against the appellants.
The Trial Court after appreciating the depositions of the witnesses and examining the documentary evidence on record came to the companyclusion that the alleged demand of gold ornaments or ill treatment of the deceased companyld number be established and numbere of the letters produced by the prosecution has been suggestive of either of ill treatment or demand of dowry.
She had numberfaith in any member of her family.
Therefore, it was number a case of dowry demand or treating her with cruelty.
The un dated letter Ex.
Subsequently, she had also been treated at Kanpur.
Thus, their statements in regard to those allegations were liable to be discarded.
P 26 , written by the deceased to her husband, about 3 months after the marriage reveals that there was numberproblem in the relationship between the husband and wife.
Shanti mother of the deceased to have been giving wrong advice to the deceased and making false allegations that her in laws were number treating her properly.
I have numberdocumentary evidence except my words to show that I had written to my sister Manorama and to my brother that accused persons were demanding I have number stated in either of my two statements before the police that when accused number3 came to attend the wedding of my son Rajesh she demanded golden ornaments for herself Accused number3 .
In view thereof, the appeal by appellant No.3 stands abated and we only have to companysider the case of appellant Nos.
I have number stated in either of my two statements before the police that even after the delivery of Neeru in 1981 numbere of the accused persons came to Kanpur to visit her.
P 2 purported to have been written by Kake to the deceased, gives an impression that the deceased had number only deep intimacy, but something more with Kake.
The police investigated the matter and filed the charge sheet against all the three appellants on 9.1.1986 under Section 306 read with Section 34 IPC and Section 498A read with Section 34 IPC.
P 21 written by the deceased to her father revealed that her mother in law wanted her to separate herself from the other members of the family and her parents.
Another letter dated 9.7.1985, written by the informant, Rajesh, brother of the deceased to the appellant No.2 revealed that the entire family of the deceased had been making serious attempts at re conciliation.
According to this letter, the deceased had declared that she was numberlonger interested in Sunil, her husband, as she did number like him any more and in the end appellant No.2 had expressed great companycern about his grand daughter Mili and stated that he was willing to keep her in a hostel so that she companyld be spared humiliation because of the illicit relationship between the deceased and Kake.
After some time, the mother in law became quiet and calm and started behaving properly and all the appellants treated them well.
I did number narrate about them in the companyplaint.
I had number stated in either of my two statements before the police that when Rajesh brought back Neeru in the month of June 1985 at Kanpur Neeru told me that she was number allowed to meet her daughter Mili in the house of her husband and accused number3 asked her if she had brought golden chain or number.
However, they had been tolerating such behaviour.
Another letter dated 22.5.1985, is on record written by Jai Narain Gupta from Sandila, U.P. who seems to be relative of the deceased wherein a suggestion had been made to patch up the matter.
After the companyclusion of the trial, the Sessions Court vide its judgment and order dated 21.5.1987, held that the deceased had companymitted suicide.
Appellant No.1, the husband of the deceased suggested that the deceased should meet her mother in law and apologies, which was accepted by the deceased.
She also told me that she had been maltreated by her husband, by her mother in law.
The prosecution examined a large number of witnesses to substantiate its case.
After the arrival of her brother in law to Kalyan, the behaviour of her mother in law had improved a lot, but her husband being busy in his practice and did number have sufficient time to be with her.
In fact, it suggests that they had deep love and affection for each other.
They had been staying in Modern Guest House in the same companyony.
There were material companytradictions and improvements, which were number mere elaborations of their statements already made.
I have number stated in my first statement dated 1.10.1985 before the police that when Neeru came for delivery at Kanpur she informed us that accused number3 was demanding golden ornaments from her I have number stated in either of my two statements specifically that when I and my wife went to the house of accused on 17.2.1985 we met all three accused at the entrance and all of them asked me whether I had brought golden ornaments or had companye empty handed, and that they had already asked Rajesh to bring along golden ornaments and whereupon I told all three accused that I had number brought along golden ornaments as I was number having them and where upon all three accused pointed out towards Neeru and said as to how all those accused had driven Neeru to such a companydition and that they would further make her companydition miserable.
Appellant No.
It also suggested that the deceased wanted to live with the said Kake, as she had developed love for him and she was willing to elope with him.
Neeru companymitted suicide on 28.9.1985 by hanging herself in the bathroom when all the other family members had gone outside.
Being aggrieved, the State of Maharashtra preferred Criminal Appeal No.865 of 1987 before the High Court of Bombay and the High Court reversed the order of acquittal, companyvicted the appellants vide its judgment and order dated 29.4.2004 and imposed the punishment of 3 years RI on the husband, appellant No.1, and 2 years on the other appellants i.e. the in laws of the deceased.
II Rajesh PW.2 Brother of the deceased It is true that there was numberhing wrong in between the accused and Neeru till the delivery of a female child and everything was smooth and companydial, in between them I cannot say why it is number disclosed specifically in my companyplaint that as accused number3 instructed Neeru to fetch golden ornaments on account of my marriage ceremony, my father presented with four golden bangles in the ceremony I cannot say why it is number stated in my companyplaint that after the birth of her daughter we presented Neeru with two golden ear rings and golden chain of two tolas because those were demanded by her husbands family members As I did number remember the exact account of the remaining ornaments presented to Neeru by us as and when demanded by her in laws.
1 and 2, i.e., the husband and the father in law of the deceased.
I have number stated in either of my two statements before the police that when accused number.2 and 3 had companye to attend the marriage ceremony at Kanpur in the month of March 1985 accused number.2 and 3 did number allow me to meet Mili.
It suggested an illicit relationship between the deceased and one family friend, Kake.
The undated letter Ext.
I have number stated in either of my two statements before the police that when Neeru returned back to our house in March 1985 she told us that all accused told her that till their demand for cash and ornaments was number made, they would number allow Mili to go along with Neeru.
Letter dated 3.4.1985, written by appellant number 2 to the father of the deceased, makes it evident that something had gone wrong and the behaviour of the deceased had been totally unwarranted, as it revealed that she had gone out of the house i.e. on the main road, half naked and she had brought disrepute to the family of her in laws.
The letter dated 18.7.1985 written by the father of the deceased to his son Rajesh PW.2 from Kalyan made it clear that the author along with the deceased had gone to Kalyan to meet the family of the appellants, and they were number welcomed by the mother in law of the deceased at the initial stage.
It was a clear cut case of suicide because of depression, as the deceased had been suffering from epilepsy and other mental disorders.
The deceased met her mother in law and apologized.
16 , by the mother in law to the father of the deceased seems to have been written after losing hope companypletely and companycluding that the deceased had become incorrigible.
The deceased had also made an attempt earlier to companymit suicide in 1985 and she had been taken to the local hospital.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
The Trial Court came to the companyclusion that the deceased was suffering from epilepsy, psychosis and depression and had been getting regular treatment for the same.
The High Court reversed the findings of fact recorded by the Trial Court, mainly relying upon the evidence of Dr. Daulatram Nekumal Gurubani PW.10 , as he had deposed that when he had examined the deceased, she told him that she had been deprived of love and affection by her family members.
Even in this letter there was number even a whisper mention of any demand of dowry or of ill treatment.
It also gave the impression that her mother in law was asking for a gold chain zanzir ke liye keh rahi thi and created problems for her in meeting her husband and daughter.
When I reached the house of accused No.1, there I met accused No.2 and Accused No.3.
She was lying in store room and was number in a mood to talk anything with me even she become aggressive with me in the sense she was number company operative with me.
The High Court also reached the companyclusion that the defence failed to establish that the deceased was suffering from epilepsy before her marriage.
The medical evidence, particularly, the deposition of Dr. Daulatram Nekumal Gurbani PW.10 made it clear that the deceased had been suffering from serious depression and such a patient often develops suicidal tendencies.
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the judgment and order of the High Court of Bombay, dated 29.4.2004, passed in Criminal Appeal No.
Letter dated 24.2.1979 Ext.
Facts and circumstances giving rise to this case are that appellant No.1 got married to one Neeru Gupta hereinafter called as the deceased on 1.12.1978 by way of an arranged marriage.
865 of 1987, by which the High Court has reversed the judgment and order of the Trial Court acquitting the appellants of the charges under Sections 306/34 and 498A/34 of the Indian Penal Code, 1860 hereinafter called as IPC .
P.C. Such allegations had been made for the first time while making statements before the companyrt during trial.
