Deceased Died Due To Chronic Disease As Per Post Mortem Report: Delhi HC While Granting Bail To Husband In Dowry Death Case

While considering an application seeking regular bail in a case involving charges under Sections 304B/306/498A/34 of the Indian Penal Code, 1860 (IPC), the Delhi High Court has granted bail to an accused in a dowry death case, citing the absence of evidence and long judicial custody.

A Single Judge Bench of Justice Swarana Kanta Sharma observed that “the complaint had been lodged by the father of the deceased on the suspicion that his daughter had been killed by her husband and in laws by poisoning her”.

The Bench further added that “The post mortem report also opines that the death of deceased had taken placed due to chronic lung disease and its sequalate. The accused is in custody since 03.06.2021, and the trial will take some time to conclude while evidence is being recorded”. 

Advocate Man Mohan Goel appeared for the Petitioner, whereas Advocate Manoj Pant appeared for the Respondent.

As per the brief facts, the complainant, who was the father of the deceased, had alleged that, sometime after the marriage, the accused/applicant and co-accused used to engage in quarrels and physically assault the deceased. Subsequently, one day, the father of the deceased received a phone call informing him that the deceased had consumed poison. Upon arriving at the scene, he found the deceased in a semi-conscious state. She was then taken to a hospital, where she passed away.

After considering the submission, the Bench considered that the FSL report indicated the absence of various substances such as chemical compounds, metallic poisons, ethyl and methyl alcohol, cyanide, phosphide, alkaloids, barbiturates, tranquilizers, and pesticides in the viscera sample that had been submitted for examination.

Additionally, the Bench noted that the post-mortem report concluded that the cause of death of the deceased was attributed to a chronic lung disease and its related complications.

The Bench further highlighted that the accused had been in custody since June 03, 2021 and acknowledged that the trial will take some time to conclude.

Thus, considering the entirety of the facts and circumstances surrounding the case, including the duration of the accused/applicant's judicial custody and the findings from both the post-mortem report and the FSL report, the High Court decided to grant bail to the applicant.

Cause Title: Sahibe Alam v. State Govt of NCT of Delhi [Neutral Citation: 2023: DHC: 6707]

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