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2008 (3) Crimes 87 (All.)
ALLAHABAD HIGH COURT
R.C. Deepak and B.A. Zaidi, JJ.
State of U.P. etc.—Appellants
versus
Dr. Sita Ram Singh and Ors.—Respondents
State Appeal No. 190 of 2003 with Crl. Revision No. 1856 of 2002
Decided on 12.12.2007
For the Appellants: P.P. Srivastava, A.N. Mulla and A.G.A.
For the Respondents:P.N. Misra, Santosh Kumar, Kamal Krishna, Advocates.
IMPORTANT POINT
When presumption u/s 113B Evidence Act was not available, from mere fact of death of deceased in the house of accused, presumption of guilt could not be drawn.
Headnote:Indian Penal Code, 1860—Sections 304B and 498A—Dowry death—Acquittal of all accused by trial Court—State appeal and revision by complainant—Deceased was got married to respondent on 22.2.1991—On 25.2.1991 body of deceased was found hanging from a fan with her sari around her neck—No definite cause of death could be ascertained in post-mortem report—Some ladies in Barat having made some taunting remarks about insufficiency of arrangement, food and in dowry, it could not be deemed to amounting to harassment of deceased—Deceased died of asphyxia and question was whether she was strangulated or she committed suicide—Mere fact that there was no apparent reason for committing suicide will not lead to automatic assumption that she was strangulated—When presumption u/s 113B Evidence Act was not available, from mere fact of death of deceased in the house of accused presumption of guilt could not be drawn—Acquittal called for no interference.(Paras 13, 16, 21 and 23)
Result: Appeal and revision dismissed.
JUDGMENT
B.A. Zaidi, J.—This is a Government Appeal against acquittal filed by the State and a Criminal Revision filed by the complainant, relating to the same incident which are being taken up together for decision. The judgment and Order dated 20-8-2002, was passed by Addl. Sessions Judge, Court No. 1, Ballia, by which he acquitted abovenamed, seven accused for charges under Sections 498-A, 304-B and 201, I.P.C. and Section 3/4 of Dowry Prohibition Act.
2. This is a tragic yet mysterious tale of a lady, who lost her life within 48 hours after dawning her bridal attire. This happened in the Eastern Uttar Pradesh town of Babubel in District Ballia. The bride hailed from Patna. Her marriage was settled with accused Arun Kumar Singh, younger brother of accused Dr. Sita Ram Singh and Dr. Ashok Kumar Singh and the sister’s son of accused Raghuvansh Narayan Singh. Accused Smt. Prabha Devi is the wife of accused Dr. Sita Ram Singh while Smt. Jaya Singh and Smt. Savitri Shahi are the married sisters of accused Dr. Sita Ram Singh, Dr. Ashok Kumar Singh and Arun Kumar Singh. The marriage was solemnised at Patna on 22-2-1991 and thereafter the bride was brought to Babubail, to which Dr. Sita Ram Singh, Dr. Ashok Kumar Singh and Arun Kumar Singh belong, while accused Raghuvansh Narayan Singh belongs to village Gadha, P.S. Runi Saidpur District Sita Madhi, Smt. Jaya Singh belongs to Gopiganj, P.S. Gopiganj, Varanasi and Smt. Savitri Shahi belongs to Madhuvan, P.S. Madhuvan, Mau (U.P.). On 24-2-1991 ceremony of ‘Munh Dihkai’ was performed and according to the version of the accused bride Meena Singh seemed happy. Thereafter on the next day, i.e. on 25-2-1991 in the morning she partook of breakfast and after the exchange of pleasantries with the members of her family, she went to her room. At about 2.30 p.m. when uncle of accused Dr. Sita Ram Singh, knocked at the door, and the door, did not open, he grew suspicious, and the window pane was broken to gain entry into the room, and it was discovered that Meena Singh’s body was hanging with a fan with her Sari tied round her neck.
3. The version from the side of the accused is that she committed suicide. The accused Dr. Sita Ram sent an information to the police on 15-2-1991 around 7.30 p.m., which was entered at police station Haldi, Ballia vide G.D, Ext. Ka-30. The father of the deceased lady Ram Nath Singh (now deceased) was informed the same evening by Dr. Sita Ram Singh about the incident, who came along with his friend Niyaz Ahmad. PW4 nephew Shiva Nand Singh from Patna the same night and his version was that there was demand for dowry and during the solemnisation of marriage and after the arrival of bride, the talk amongst the members of the family of the bridegroom was that very sparse dowry had been given and they could have obtained much more. If the marriage had been settled elsewhere. He gave a written report about the demand of dowry and killing of his daughter by the accused at police station Haldi on 26-2-1991 at 1.15 O’clock which is Ext. Ka-5 (Ext. Ka-30) on the record.
4. Thus, according to the prosecution version, lady was done to death by her in-laws because of minimal dowry and it was wrong to state that she had committed suicide because she was not suffering from depression or any mental sickness.
5. Post-mortem on the body of deceased Meena Singh was conducted on 26-2-1991 at 4.00 p.m. In District Hospital Ballia by PW6 Dr. Vijay Bahadur Singh, and Dr. S.N. Wadey in presence of Dr. Z.U. Ahmad, Chief Medical Officer. Dr. V.M.Kedia Chief Medical Superintendent and Dr. (Mrs.) Asha Singh vide post-mortem report Ext. Ka-9, who found no sign of decomposition, Rigor mortis present, passed from upper, present in lower, extremities, eyes half opened. Tongue protruded, base of both lungs, Kidney, and Liver, congested and the following injuries on her person.
Injuries:
(i)Clotted blood present over the orifice of vagina, medial aspect of both thighs, up to leg and heel.
(ii)Ligatur
