IMPORTANT POINT
Ordinarily in an appeal against acquittal, the Supreme Court is slow to interfere while exercising power under Article 136 of the Constitution of India but where the approach of the High Court has resulted in gross miscarriage of justice it is not possible for this court to refuse to interfere when a gruesome crime is committed which has resulted in the extinction of a young mother to be.

JUDGMENT

A.M. Ahmadi, J. - Meera Srivastava, a young woman aged about 25 years, died of burns on the night between 20th and 21stJuly, 1974 at about2.30 a.m. in the two room apartment of her husband Ashok Kumar Srivastava, original accused No.1. The marriage had taken place less than a year ago on 13th May, 1973, at Banaras. Both the family of the deceased and family of the husband hail from Banaras but after their wedding Ashok who was serving as an Assistant Engineer was transferred to Lucknow where he had hired a two room first floor apartment for his residence. Toe ground floor was occupied by the landlord. The First Information Report was lodged by P.W. 2 J.P. Shrivastava, father of the unfortunate woman, after he refused by taxi to Lucknow on learning about the incident. The offence of murder was registered and in the course of investigation statements of P.W.1 Prabhat Kumar and P.W.4 Rajendra Prasad, both brothers residing on the ground floor, Came to be recorded. Statements of other witnesses including P.W. 3 Ram Raj Mishra, a fire brigade man, and P.W. 5 S.K. Srivastava, brother of the deceased, were also recorded. On a consideration of the evidence of P.Ws. 1 to 5 as well as the evidence of P.W. 9, Dr. R. K. Aggarwal, the Trial Court, bearing in mind other circumstances pointed out in the judgment, came to the

conclusion that the charge against the three accused was brought home by the prosecution beyond reasonable doubt. On that conclusion the Trial Court convicted all the three accused persons under Section 302/34, I.P.C., and sentenced each of the to imprisonment for life. Feeling aggrieved by this order of conviction and sentence recorded by the learned Additional Sessions Judge, Lucknow, the three accused persons preferred an appeal, being Criminal Appeal No. 913/1976, to the High Court. That appeal was heard by a Division Bench of the High Court which on a re-evaluation and re-appreciation of the prosecution evidence came to the conclusion that in all probability the deceased Meera committed suicide and the evidence did not disclose the involvement of the appellants/ accused in the commission of the crime. In that view that the High Court took, the High Court allowed the appeal, set aside the order of conviction and sentence passed by the Trial Court and acquitted all the three appellants/accused. The State of U.P., not satisfied by the judgment rendered by the High Court approached this Court under Article 136 of the Constitution. This Court granted Special Leave to Appeal and that is how the present appeal is before us. In order to under stand the prosecution case we may now state the facts in brief.

2. Meera and Ashok, both residents of Banaras, were married on 13th May 1973 at Banaras. On Ashok being transferred to Lucknow, they occupied a two room apartment of house number 557/17K. Ashok and his wife were occupying the first floor whereas P.W. 1 and P.W.4, the two sons of Kedar Singh to whom the house belonged, occupied the ground floor. The prosecution case is that at: the time of, land immediately after the marriage there was some bickering in regard to the quantum of dowry paid by the bride's father. The allegation is that the father and sister of Ashok were not satisfied with the dowry or expenditure incurred on gifts by the father of the deceased Meera. They were of the view that what was paid in cash as well as by way of gifts at the time of 'Tilak' was short by about Rs.4,000/-. On account of this feeling the three accused were taunting the deceased and when she

tried to defend her father, she was tormented and tortured by the accused persons. On 13th July, 1974 both Ashok and Meera had gone to Banaras. While they were there this question of dowry once again raised its head and it is alleged that even on that occasion the father and sister of Ashok miss-behaved with Meera and her father and stated that they would not allow Meera to live with Ashok unless Rs.4,000/- were paid towards dowry. It appears