Daily Archives: November 3, 2017

Husband & relatives acquitted in dowry death case as prosecution could not prove demand for dowry

Medico, family acquitted in dowry death case

Mohammed Akhef | TNN | Oct 10, 2017, 11.24PM IST

Aurangabad: District and Sessions Court, Nanded, has acquitted a medico and his family members in a case involving suicide of a woman gynaecologist at Nanded in 2010.

Additional sessions judge Girish B. Gurao, while acquitting medical professional Balaji Keshavrao Telang and six of his family members, including parents, ruled that the prosecution failed to prove that the accused demanded money for construction of hospital from the deceased woman and thereby ill-treated her and due to the ill treatment, she committed suicide.

Therefore, the prosecution failed to prove the charges under Section 304B (dowry death), 306 (abetment of suicide) of Indian Penal Code. Therefore, benefit of doubt goes to the accused, ruled the court.

Balaji, who is a medical professional, was married to Swati, a gynaecologist on March 1, 2009 and she committed suicide about 21 months later by hanging herself from the ceiling fan on December 17, 2010. The deceased medico even left behind a suicide note stating that nobody should be held responsible for her death.

Following the incident, based on the complaint by the deceased woman’s father, Lachmayya Kondra, Balaji and six members of his family were booked by the Nanded police on charges of abetment of suicide and dowry death. Kondra, in his complaint, had alleged that the accused and his family members had demanded hefty amount for construction of a hospital and after failing to get the money started harassing Swati mentally and physically, prompting her to take the extreme step.
The prosecution has relied on the complaint, death certificate of Swati, inquest panchanama, post-mortem report, spot panchanama, seizure panchanama, suicide note, provisional post mortem report, death summary and chemical analysis report.

Lawyer Nilesh Ghanekar and Kuldeep Kahalekar, while contesting on behalf of the accused, brought it to the notice of the court that the couple never had an intention to start a hospital and the duo had appeared for an entrance exam for the post of medical officer through UPSC.

The defence lawyers contested that the accused never ill-treated Swati and pointed out that she thrice suffered mis carriages, following which torch test was conducted on her. To her dismay the report turned out to positive, thus pushing her into depression following which she finally committed suicide.
The lawyers also contested that Balajis parents, being aged and old, never interfered with the lives of Balaji and deceased daughter in law, while pointed out that the other three people named as accused in the FIR, reside separately and are employed as teachers, having barely any concern with the alleged crime. The remaining two persons named as accused in the FIR reside at Humnabad and Udgir respectively.
The lawyers contested that merely giving stereo type statements that accused demanded the amount for construction of the hospital were not sufficient for bringing conviction in the case.
On hearing both the sides and after going through the contents of the suicide note left behind by the deceased woman, the Nanded based court acquitted all the accused.

Medico, family acquitted in dowry death case – The Times of India on Mobile