Excelsior Correspondent
JAMMU, Dec 21: While upholding the charges framed against husband and others in dowry death case, High Court has observed that suicide is one of the modes of death falling within the ambit of Section 304-B IPC. The expression “otherwise than under normal circumstances” would comprehend within its sweep, the death caused by burns or bodily injury or even the suicidal death.
The criminal revision petition filed by the accused in a criminal trial of FIR No.178/2014 for offences under Section 306, 304-B, 109 and 498-A RPC pending before the Court of 1st Additional Sessions Judge, Jammu is directed against the order of the trial court dated 25.02.2015, whereby the trial court has framed charges against all the accused for commission of offences under Section 306, 304-B.
The case of the prosecution pending before the trial court is that on 13th October, 2014, telephonic information was received at Police Post, Gajansoo from Police Control Room, Jammu, that a lady, namely, Pooja Sharma, wife of Santosh Kumar Sharma of Galbaday Chak, had been brought to Government Medical College, Jammu, as a poison case for medical treatment.
The Police was informed that the Pooja Sharma was brought dead in the Government Medical College, Jammu and her body had been kept in the mortuary room of the hospital. On receipt of information, the Police initiated proceedings under Section 174 of CrPC. Later, FIR No.178/2014 was registered and the investigation was entrusted to Incharge Police Post, Gajansoo.
After hearing Senior Advocate Sunil Sethi with Advocate Sumit Nayyar for the applicants whereas AAG Aseem Sawhney appearing for the UT, Justice Vinod Chatterji Koul while dismissing the petition observed, “courts should use their discretion to determine if the period between the cruelty or harassment and the death of the victim would come within the term “soon before”. What is pivotal to the above determination, is the establishment of a “proximate and live link” between the cruelty and the consequential death of the victim.”
“In view of clear dictum laid down by the Supreme Court, when the evidence on record is analyzed in the context of legal position, it is abundantly clear that there is sufficient evidence on record to, prima facie, hold that soon before death, the deceased was subjected to harassment on account of dowry demand by the accused”, High Court said.
“The other argument raised by Sethi, senior counsel that suicidal death does not fall within the ambit of Section 304-B RPC as the same is separately dealt with in Section 306 RPC, is also without any substance and is no longer res integra”, High Court further said, adding “suicide is one of the modes of death falling within the ambit of Section 304-B IPC. The expression “otherwise than under normal circumstances” would comprehend within its sweep, the death caused by burns or bodily injury or even the suicidal death”.
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