IMPORTANT POINTS
When courts below record concurrent findings against accused persons based on due appreciation of evidence, Supreme Court would be slow to interfere and would not appreciate the evidence de novo.

Headnote:(a) Constitution of India – Article 136 – Courts below recording concurrent findings against accused persons based on due appreciation of evidence – Supreme Court would be slow to interfere and would not appreciate the evidence de novo. (Para 31)
       (b) Indian Penal Code, 1860 – Section 302 – Demand of dowry and harassment therefor established – Suicide not possible using DBBL Gun that too by seven gun shots – Chain of circumstances complete – Appellants not giving any explanation against incriminating circumstances in statement u/s 313 CrPC – Not substantiating plea of alibi – Rightly convicted. (Para 41)
       Facts of the case:
       Four persons, namely, (1) Tribhuwan Singh (appellant), (2) Chandra Bhawan Singh (appellant) (3) Smt. Makoi Devi and (4) Jwala Singh were prosecuted for committing murder of one lady by name "Satyawati".
       The trial court acquitted one accused-Jwala Singh but convicted the remaining three accused. Tribhuwan Singh was convicted under Section 302/34 of the Indian Penal Code, 1860 and sentenced to undergo imprisonment for life and to pay a fine of Rs.5000/-in default of payment of fine, to further undergo rigorous imprisonment for one year. Smt. Makoi Devi was convicted under Section 302/34 IPC and was sentenced to undergo imprisonment for life. Chandra Bhawan Singh was convicted under Section 302/34 IPC and was sentenced to undergo imprisonment for life and further convicted under Section 201 IPC and was sentenced to undergo rigorous imprisonment for five years.
       The High Court allowed the appeal in respect of one accused – Smt. Makoi Devi and acquitted her from all charges but dismissed the appeal in respect of remaining two accused persons, namely, (1) Tribhuwan Singh and (2) Chandra Bhawan Singh and confirmed their conviction and the sentence awarded by the trial court.
       Finding of the Court:
       There is no good ground to take a different view than what is taken by the two Courts below.
       Result: Appeals dismissed.

JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals are filed by the accused persons against the final judgment and order dated 20.05.2014 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1114 of 1986 whereby the High Court dismissed the appeal in respect of the appellants-accused and affirmed the judgment and order dated 07.05.1986 passed by the Additional Sessions Judge, Fatehpur in Sessions Trial No. 291 of 1984.

3. In order to appreciate the issues involved in the appeals, it is necessary to set out the facts of the case.

4. Four persons, namely, (1) Tribhuwan Singh (appellant), (2) Chandra Bhawan Singh (appellant) (3) Smt. Makoi Devi and (4) Jwala Singh were prosecuted for committing murder of one lady by name "Satyawati".

5. The Additional Sessions Judge, Fatehpur by his judgment dated 07.05.1986 in Sessions Trial No. 291 of 1984 acquitted one accused-Jwala Singh but convicted the remaining three accused. Tribhuwan Singh was convicted under Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5000/-in default of payment of fine, to further undergo rigorous imprisonment for one year. Smt. Makoi Devi was convicted under Section 302/34 IPC and was sentenced to undergo imprisonment for life. Chandra Bhawan Singh was convicted under Section 32/34 IPC and was sentenced to undergo imprisonment for life and further convicted under Section 201 IPC and was sentenced to undergo rigorous imprisonment for five years. All the sentences of Chandra Bhawan Singh would run concurrently.

6. The aforementioned three-convicted accused felt aggrieved of their respective conviction and sentence awarded by the Additional Sessions Judge filed appeal in the High Court. The High Court, by impugned judgment, allowed the appeal in respect of one accused – Smt. Makoi Devi and accordingly acquitted her from the charges leveled against her but dismissed the appeal in respect of remaining two accused persons, namely, (1) Tribhuwan Singh and (2) Chandra Bhawan Singh and accordingly confirmed their conviction and the sentence awarded by the Additional Sessions Judge.

7. The remaining two accused felt aggrieved by their respective conviction and award of sentence filed separate special leave petitions in this Court.

8. So far as SLP(Crl.) No. 7049 of 2014 is concerned, it is filed by Chandra Bhawan Singh whereas SLP(Crl.) No. 7664 of 2014 is concerned, it is filed by Tribhuwan Singh.

9. In both these special leave petitions, the challenge is to the impugned judgment of the High Court, which has confirmed their conviction and sentence.

10. In short, the case of the prosecution is as under:

11. All the four accused named above are the members of one family. Smt. Makoi Devi is the mother of Tribhuwan Singh and Chandra Bhawan Singh. In other words, Tribhuwan Singh and Chandra Bhawan Singh are real brothers being the two sons of Smt. Makoi Devi.

12. The deceased-Satyawati was the wife of Tribhuwan Singh. Their marriage was performed in the year 1981. Satyawati stayed in her matrimonial home with her husband for 8 days and then returned to her parents’ house.

13. It is the case of the prosecution that the members of Satyawati in-laws family, which included the four accused named above, were harassing her while she was staying in her in-laws house for not bringing any dowry in her marriage. The family members had been demanding "motor cycle" in dowry. Due to constant harassment given to her by the aforementioned four accused persons, it had become unbearable for her to stay in the house and, therefore, she returned to her parents’ house and started living with her parents.

14. On 15.03.1984, Jwala Singh and Chandra Bhawan Singh went to Satywati's parents’ house and brought Satyawati back to her in-laws house. On 18.03.1984 (after 3 days), Satyawati was found dead in her in-laws house. She died due to gun shot injuries.

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2018 Supreme(SC) 435

IMPORTANT POINTSWhen courts below record concurrent findings against accused persons based on due appreciation of evidence, Supreme Court would be slow to interfere and would not appreciate the evidence de novo.

IMPORTANT POINTS
When courts below record concurrent findings against accused persons based on due appreciation of evidence, Supreme Court would be slow to interfere and would not appreciate the evidence de novo.