Noorjahan vs State Rep. By D.S.P

4. Background facts as projected by prosecution in a nutshell are as follows:

At the time of marriage, PW-1 paid Rs.5,000/- and three sovereigns of gold jewels and after a period of two months, A-1 went over to Mumbai seeking for a job. All the other accused ill treated the deceased stating that the dowry demand was not met. Prior to the occurrence, A-1 came from Mumbai. PW-1 was summoned. At that time, there was a demand from A-1, A-2 and A-7, the appellant that 10 sovereigns of gold and a sum of Rs.5,000/- towards "Seervarisal" for Ramzan must be paid immediately. A-7, the appellant, who was present at that time informed PW-1 that she can pay the said demand within a period of two months.

When PW-1 went to the house of the accused, the wife of A-2 locked from inside and informed that the deceased Fathima was upstairs. When PW-1 went upstairs, she found only the dead body of her daughter and PW-1 was able to see a ligature mark around the neck of the deceased. PW-1 immediately came back and informed the relatives and proceeded to the Police Station. PW-13 the Sub Inspector of Police was on duty on the day of occurrence. PW-1 gave a complaint at about 1700 hrs which is marked as Ex.P-1 on the strength of which a case came to be registered in Crime No. 49/2002 under Section 174 of the Code of Criminal Procedure, 1973 (in short the 'Code'). Ex.P-11, the FIR was dispatched to the Court. On receipt of the copy of the FIR, PW-14 the Deputy Superintendent of Police took up investigation, proceeded to the scene of occurrence, made inspection and prepared Ex.P-2 the observation Mahazar and Ex.P-12 the rough sketch. He also sent a copy of the FIR to PW-10, the Revenue Divisional Officer. PW-10, the Revenue Divisional Officer, on receipt of the copy of the FIR proceeded on the place and also conducted inquest on the dead body in the presence of witnesses and prepared Ex.P-9, the Inquest Report, wherein he opined that it was not a case of suicide but it was the death by homicide. He also made enquiries from the witnesses including the accused. Following the same, the dead body was subjected to post mortem by PW-9, the doctor attached to the Government Head Quarters Hospital, Karur, who opined that the deceased appeared to have died of asphyxia due to strangulation about 24-36 hours prior to autopsy.

On completion of the investigation, the Investigating Officer filed the report. The case was committed to the Court of Sessions. Necessary charges were framed. In order to substantiate the charges leveled against the accused, the prosecution examined 16 witnesses and relied upon 13 exhibits and 3 material objects. On completion of evidence on the side of the prosecution, the accused were questioned under Section 313 of the Code as to the incriminating circumstances found in the evidence of the prosecution witnesses which they denied as false. The accused examined three witnesses who were all Medical Officers through whom 5 exhibits were also marked.

The accused persons pleaded innocence and, therefore, trial was held and conviction was recorded and sentence imposed as noted above.

14. Above being the position, the prosecution has failed to establish the accusations against the appellant. Therefore, her conviction cannot be maintained and is set aside. She was released on bail by order dated 22.2.2008. In view of the order of acquittal, bail bonds shall stand discharged.

15. The appeal is allowed.