2013 (1) TMI 932 - SUPREME COURT

Dowry Death - Inquest Report under Crpc - Dealth of wife within 1 year of marriage - Father of deceased made a complaint to the Police Control Room alleging, that he suspected that his daughter had been poisoned. This suspicion was based on the fact, that the body had turned blue. On the aforesaid complaint, the Sub-Divisional Magistrate, Delhi, in exercise of powers vested in him under Section 176 of the Crpc, initiated inquest proceedings. On the basis of Medical reports the reason for death was observerd that death is consequent to cardiac decompensation due to enlarged atrial septal defect & pulmonary hypertension. No definite opinion can be given about falciparm Malaria, histopathological assessment and also gave negative tests for common poisons.

HELD THAT:- The criminal proceedings against the appellants-accused Rajiv are hereby set aside.The order of the High Court is accordingly also set aside. the facts of the case which needed to be kept in mind that the respondent-complainant had continued to represent before the SDM, Delhi, that he would produce the mother of the deceased, who knew the facts best of all. Despite that, the mother of the deceased did not appear in the inquest proceedings to record her statement, even though a number of opportunities were afforded to the respondent-complainant to produce her. The permissible inference is that he was himself not privy to the facts. The fact that the mother of the deceased had not appeared to record a statement against the appellants-accused has to have some reason/justification.

The instant appeal, accordingly succeeds