Among the scores of injury marks all over the body that the police allegedly overlooked was a telling black-and-blue stretch on the back of the neck. The incident took place on July 8, after Afroz Shaikh (22) allegedly hanged herself and Ansari received a call from Afroz's brother-in-law informing him about her ill health. When the family reached the city, her in-laws directed them to the YCM hospital, and to their great shock, when they enquired about her there, the hospital authorities told them to visit the morgue.
It was then that they came to know that Afroz was no more, having allegedly hanged herself because of a fight with her husband. Ansari told MiD DAY they suspected something fishy and despite repeated requests to the Hinjewadi police, they were not allowed to see Afroz's body before it was sent for autopsy. Afroz's in-laws also did not allow them to do the last ritual where the body is bathed and the police appealed to them to complete the last rites before the autopsy report was made available.
The autopsy report showed several injury marks on Afroz's body. There were marks on both her hands, legs and back. Her fingers had turned black and blue. Despite these things, the Hinjewadi police registered 498(A), 306 and 34 against four, including Afroz's husband Javed Shaikh, his parents Khalil and Salima and his sister's husband Zahir Shakur Khan, who used to live with them. After repeated pleas from Afroz's sisters, the Hinjewadi police then added 304(B), or abetment of suicide, against the four. Ansari and his family said that due to several injury marks on her body, they suspected she was beaten to death. The Hinjewadi police arrested the four, who were remanded in magisterial custody on July 12.
Ansari and his family suspect that his cousin Afroz had not committed suicide but was murdered by her in-laws, who had kept pressuring her by making several demands for dowry ever since she married Javed on May 12 this year. According to her family, she was allowed to talk to her parents while her cell phone was kept on speakerphone mode to allow her in-laws to listen to their conversation.
According to Ansari, his relatives came to know that Afroz was being beaten up by an unknown godman.
The Shaikh family told her relatives that she was beaten up as the Godman said a bad spirit had entered her body. This matter came to light when Afroz's younger sister Shabana and her husband visited her on June 12 to find that she was unable to walk properly.
Hinjewadi police station in-charge Police Inspector Ganpat Madgulkar said the investigation was on. "We have raised a query on the autopsy report which said death due to neck compression." Reacting on the question where the injury marks found on the neck in case of hanging, Senior Police Inspector Madgulkar said he would not be able to answer this question and only a medical expert could answer it.
MiD DAY spoke to lawyers and experts in the field of criminal law and domestic violence cases. Eminent Criminal lawyer Advocate Harshad Nimbalkar said: "Depending on the circumstances and case details, IPC 302 can be applied against the suspects." Advocate Supriya Kothari of Bhagini Helpline, reacting to the fact that there was a black-and-blue mark at the back of Afroz's neck, said: "In case of death due to hanging, rarely we find the mark on the back of the neck; this fact is important to imply section 302 against the suspects."
Advocate Assunta Pardhe of NGO Chetana said: "Police should have implied Section 302 in this case. In most of the cases, 304(B) of Indian Penal Code, which means dowry death, is applied as it provides lesser period of police custody for the suspects. I strongly feel if medical report indicates injury marks on the body of the deceased it is clear-cut negligence on the part of police."
Professor Jyoti Pawar said: "Police should have taken cognizance of bodily injuries of the deceased and applied section 302. It should be taken into consideration that her relatives have given statement saying that their daughter was tortured for dowry."
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