Back
2006 (4) Crimes 726
UTTARANCHAL HIGH COURT (DB)
P.C. Verma and B.C. Kandpal, JJ.
Banbir Singh — Appellant
versus
State of Uttaranchal — Respondent
Criminal Appeal No. 30 of 2002
Decided on 2.5.2006
Counsel for the Parties:
For the Appellant:Sri M.S. Pal, Advocate.
For the Respondent: Sri H.C. Pandey, A.G.A.
Headnote:Indian Penal Code, 1860 — Sections 498A, 304B — Dowry Prohibition Act — Section 3/4 — Prosecution of appellant for harassing and beating deceased in connection with unfulfilled demand of dowry and thereafter burning her to death — Conviction by Trial Court — Appeal against conviction — Marriage of appellant with deceased was solemnized on 12.3.1999 — Death of deceased took place on 12.6.1999 within three months of marriage — Place of occurrence was house of appellant — Evidence of PW1, elder brother of deceased that when appellant visited his in-laws house for first time after 15 days of his marriage, he made a demand of Rupees One Lakh from his in-laws — Evidence of PW 2 mother of deceased that appellant was annoyed on account of dowry even on day of marriage — Nothing elicited in cross-examination of PWs. 1 and 2 so as to discredit their testimony — Contention of appellant that money demanded after marriage cannot be brought within ambit of dowry demand held unacceptable — Additional demand of dowry certainly falls u/s 2 of Dowry Prohibition Act in view of amended provision u/s 2 of Dowry Prohibition Act, 1961 — Death of deceased occurred within three months of marriage and was caused by burns which had occurred otherwise than under normal circumstances — Evidence on record disclosed that deceased was subjected to cruelty — Prosecution able to establish guilt of appellant beyond reasonable doubt — Defence story that deceased died on account of burn injuries when she was cooking food in kitchen found baseless as no utensils found in kitchen to prove that deceased was in fact cooking food in kitchen — No burn injuries on person of appellant to suggest that he attempted to save life of his wife — Appellant instead of making efforts to save life of his wife, wasted time in informing different persons that his wife was being burnt — No material on record to show that appellant had taken his wife to hospital — Conduct of appellant in not trying to extinguish fire or in not rendering any first aid to his wife totally betrayed theory of defence — Chain of established circumstances complete and conclusively established that appellant and appellant alone committed murder of his wife — Conviction of appellant held not liable to interfere with. (Paras 25, 26, 30, 31, 32, 33, 36, 37, 39, 41, 43).
Result: Appeal dismissed
JUDGMENT
P.C. Verma, J. — The accused/appellant Banbir Singh has preferred this criminal appeal against the judgment and order dated 29-11-2001, passed by the Sessions Judge, Udham Singh Nagar, in S.T. No. 308/1999, convicting the accused/appellant u/ss 498-A IPC, 304-B IPC and Section 3/4 Dowry Prohibition Act and sentencing him to undergo imprisonment for life under section 304-B IPC; two years R.I. under Section 498-A IPC; and five years R.I. and fine of Rs. 15,000/- under Section 3/4 Dowry Prohibition Act and in default of payment of fine to further undergo R.I. for one year. All the sentences to run concurrently.
2. The prosecution case in brief is that on 13-6-1999 at about 3.10 p.m. complainant Rajesh Singh lodged written report, Ext. Ka.1 at PS. Banbasa with the allegations that his younger sister Smt. Rekha Singh was married to accused Banbir Singh on
12-3-1999. After marriage accused demanded rupees one lakh as dowry. The dowry demand was not fulfilled by the complainant and due to this reason the accused started beating Smt. Rekha Singh and also threatened to kill her. On 7-6-1999 when Smt. Sarala Devi, the mother of the complaint, went to the in-laws house of Smt. Rekha Singh, then the accused again made demand of dowry of Rs. One lakh and used unpleasant talk. On 13-6-1999 Prahlad Singh, the elder brother of the accused informed Rajesh Singh, the complainant at Bareilly Police Line that his sister Rekha Singh had died. Thereafter on 13-6-1999 itself the complainant went to the house of accused and there he came to know that the accused has killed Rekha Singh by burning her. On the basis of written report, chick FIR Ext. Ka. 13 was drawn at the Police Station and the case was registered against the accused.
3. S.I. Lalit Mohan Vishwakarma, Station Officer of PS. Banbasa on receiving information about the incident went at the spot and performed the inquest on the body of deceased Smt. Rekha Singh and prepared inquest report, Ext. Ka. 6. This witness also prepared Form 33, Form 13, sample seal and sketch of dead body, Ext. Ka. 7 to Ext. Ka. 10 respectively and sent the dead body for post-mortem. The Investigating Officer also took into possession the pieces of burnt clothes, burnt pieces of bangles of the deceased and the match box and its burnt sticks and prepared recovery memo, Ext. Ka. 11.
4. Sri Rudrapal Singh R.I. started the investigation in the case. On 13-6-1999 he visited the place of the occurrence and prepared site plan, Ext. Ka. 2. On various dates he recorded the statements of the witnesses Under Section 161 Cr.P.C. and after completing the investigation, submitted charge-sheet, Ext. Ka. 3 against the accused.
5. On committal of the accused to the Court of Sessions, the Sessions Judge framed charges under Sections 498-A IPC., 304-B IPC and Section 3/4 Dowry Prohibition Act, against the accused. He pleaded not guilty and claimed his trial.
6. The prosecution to prove its case examined eight witnesses. PW1, Rajesh Singh is the informant. He has deposed that his younger sister Rekha Singh was married to accused on 12-3-1999. At the time of marriage accused was not satisfied with the articles given in the dowry. He deposed that after 10 to 15 days of marriage his sister came to his house and told that the accused made demand of Rs. One lakh on the pretext that the money was needed to him for his promotion. He also deposed that his mother also went to the in-laws house of deceased on 7-6-1999 and there also the accused made demand of one lakh rupees and when his mother expressed inability to fulfil the demand, the accused was angry and he misbehaved by using unpleasant words to her. Thereafter he got information about the death of his sister on 13-6-1999 from Prahlad Singh, the elder brother of accused and went to Banbasa where he lodged the first information report.
7. PW 2, Smt. Sarala Devi is the mother of deceased Smt. Rekha Singh. She has also deposed about the dowry demand made by the accused and supp
