Bombay HC finds gaps, hands over ’23 dowry death probe to CBI

Mumbai: Observing that the discrepancies are "undoubtedly significant", the Bombay High Court ordered the transfer of investigation into the Feb 2023 death of a woman, allegedly due to dowry harassment, to the Central Bureau of Investigation (CBI). "It is made clear that CBI shall investigate the crime in accordance with law without being influenced by the earlier investigation," said Justices Sarang Kotwal and Sandesh Patil on April 16. The petition was filed in 2024 by the woman's father. His daughter married in Nov 2021, and began residing in her matrimonial home in Mira Road from May 2022. His daughter was "continuously harassed for dowry and continuously assaulted." She was "forced to suffer a miscarriage." On Feb 24, 2023, his son-in-law informed him she had died by suicide. At the hospital, the father noticed injuries on her body. On Feb 27, 2023, Kashimira police registered an FIR under Dowry Prohibition Act and IPC sections but not murder. The father moved HC saying the investigation was not fair. His advocate said the son-in-law had absconded and was later granted anticipatory bail. Other accused were released on bail. The judges noted the statement of medical officer, who conducted the postmortem, that as she was not an expert in forensic science, she was unable to opine whether the death was suicide or homicide. The judges noted that a previous bench had sought a report from expert doctors from JJ Hospital who concluded that the manner of death was suicidal. They found that the doctors' opinion was based on postmortem examination not conducted by a doctor well-versed in forensic science. There was a discrepancy in the timing of inquest panchnama. Further, a photograph showed the odhani hanging from the ceiling fan whereas spot panchnama showed it on the bed. The accused claimed they had broken open the door, but the spot panchnama did not show any damage to it. The judges also directed CBI shall, if necessary, file a supplementary chargesheet.