SHIVKUMAR DUBEY Vs. STATE OF GUJARAT AND ORS
LAWS(GJH)-2013-10-358
HIGH COURT OF GUJARAT
Decided on October 15,2013

Shivkumar Dubey Appellant
VERSUS
State Of Gujarat And Ors Respondents




JUDGEMENT

- (1.)THE applicant is original complainant and father of the deceased who has committed suicide on 26.4.2013. Because of such unnatural death of his daughter in the house of her husband, applicant has lodged a complaint u/Ss. 498(A), 323, 506(2), 306 and 114 of IPC as well as u/Ss. 3, 4 and 7 of the Dowry Prohibition Act, 1961, which was registered as Ist C.R. no.35 of 2013 before the Bopal Police Station, Bopal, Ahmedabad.
(2.)THE sum and substance of the complaint was to the effect that daughter of the complainant had got married on 1.3.2002 with the respondent no.2 and at present, they have two children. However, from the beginning, after the marriage, respondent no.2 and his family members were harassing and beating the daughter of the complainant and demanding dowry in the form of four wheeler.
(3.)IT is further stated that they received a message regarding unnatural death of their daughter at their native place in Uttar Pradesh when they rush to Ahmedabad, where respondent no.2 is residing. Surprisingly, respondent no.2 and his family members have never bothered to take care of the after death activities of funeral etc. and all formalities are completed by him. The history regarding stay at different place after marriage is also disclosed in the complaint, however, that history is not material at present except the averments in the complaint that respondent no.2 with his family members being respondent nos.4 and 5, who are brother and sister of respondent no.2 as well as mother of respondent no.2 were harassing the victim; both physically and mentally and were demanding four wheeler from her at every place and time and even at Ahmedabad and that though he had repeatedly requested the respondent not to harass the victim, but they have not bothered to listen to his request. It is further stated in the complaint that victim has categorically requested the complainant to take her back to her parental house as respondent may kill her and therefore he had taken the victim at his residence for a year, but even thereafter, respondent had continued to harass the petitioner and demanded dowry. Based upon such FIR, Police had investigated the incident. However, in pursuant to intimation to the Police by respondent no.2 on the date of incident when police has drawn inquest Panchnama and managed for PostMortem of the victim. During investigation, Police had recovered a suicide note. The presence of such suicide note and his hand writing has also been confirmed by respondent no.1 in his first statement regarding disclosure of the incident before the Investigating Officer, wherein, he has admitted that a handwriting of suicide note are of his wife. Therefore, now this suicide note cannot be ignored and may be treated as a Dying Declaration. If we peruse such suicide note, it reveals that certainly there was harassment and cruelty upon her from her inlaws. For the purpose, though suicide note is in handwritten Hindi language, its translation, reads as under:
"I do not want to live. I have been compelled to die, I should have died before ten years but in the beginning I had been tolerating for my family members and then for my children. Now I can not tolerate. Initially, the motherinlaw, the sisterinlaw and Tulsi, these three persons were beating me. Even now, he is beating me, and he told me to die so that he can marry, your parents have given nothing go and bring ten lac from your parents if I marry today, I would get Rs.10 lacs. The family members always believe these people as good persons. I tell all the facts to them. Many time, I have told that this person is not good. But they never trusted me. Therefore, now I do not wish to tell anything. If members of woman's parental home support the daughter, nobody's daughter may die. This way is wrong but I am helpless. Tulsidas Mishra is the cause of my death. He should be awarded life imprisonment. Don't give my children to motherinlaw.

She is very cunning. Do not give to my family members too. I do not want to shift burden to anyone. Send them to orphanage. Lots of love to my Ayush and my Vishnu. I could not give mother's love to my children."



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