Back
2014 Supreme(Chh) 440
CHATTISGARH HIGH COURT
CHANDRA BHUSHAN BAJPAI, J.
Surendra and Another – Appellants
Vs.
State of Chattisgarh – Respondent
Criminal Appeal No. 205 of 1999
Decided On : 25.9.2014
Headnote:
Indian Penal Code - Sections 304B and 498A - trial Judge acquitted - judgment of conviction - undergo rigorous imprisonment- came in the evidence - As per case of the prosecution reached to Outpost Police Station District and lodged the intimation regarding death of daughter-in-law of his brother and stated therein that on account of pain in the abdomen was having problem, she was being treated at but had not become well. On the same day, deceased alias her father-in-law and his wife and other children were in their home; at about 9.30 morning, hanged herself in a room near to her room with a rope connected with a wooden girder of the roof. The hanging rope was cut by her father-in-law with a hope that she may regain life but deceased not regained life. On account of death of Anjulata, the merg was written at the outpost – Held, So far as the quantum of sentence is concerned, both the appellants have been awarded sentence of rigorous imprisonment for 3 years and to pay fine of Rs. 500/-. The fine sentence awarded to them needs no interference. So far as the substantive jail sentence awarded to them is concerned, the incident is about 17 years old; for last 17 years both the appellants travelled a lot for trial before the lower Court and in the hearing of this criminal appeal; after a long passage of time having considered that appellant Shantibai (A-2) is more than 75 years of age presently, she remained about 6 months in jail towards the part of the sentence and appellant Surendra (A-1) served the part of sentence for 1 year 8 months and 8 days, it would be just and proper to sentence the appellants for the period already undergone by them - Consequently, the appeal filed by the appellants is partly allowed. The judgment of conviction under Section 498A of the IPC against both the appellants is hereby affirmed. The sentence of fine awarded to the appellants by the trial Court is also hereby maintained. However, the jail sentence awarded to the appellants is hereby modified and instead of rigorous imprisonment of 3 years, they are sentenced for the period already undergone by them. It is stated that the appellants are on bail. Their bail bonds shall continue for a further period of 6 months as per requirement of Section 437-A of the Code - Upon minute examination of the evidence, it goes to show that though there are some small variations but they are not fatal for the prosecutions case. Witnesses are villagers from average economic condition and other status. The statements were recorded in the Court after a long time. Small variations and contradictions are bound to come. The statements of the father, mother and son indicate and prove in totality that there was cruelty subjected to the deceased regarding demand of balance amount. The fact of alleged marriage for the purpose of getting service and obtaining consent with pressure, which was not legal and admissible by any married girl, is also came in the evidence. The small variations and contradictions appeared are not so important that they destroy the whole case of the prosecution. Witnesses Harihar (PW-1, father of the deceased), Sushila Bai (PW-5, mother of the deceased) and Rampratap (PW-6, brother of the deceased) remained very firm for the factum of cruelty subjected to the deceased; even after very lengthy cross-examination, nothing could be elicited as to discredit these witnesses for the act of cruelty committed by the appellants – Appeal allowed
CHANDRA BHUSHAN BAJPAI, J.
1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 05-1-1999 passed by the Additional Sessions Judge, Surajpur, the then District Surguja, M.P. (now C.G.) in Sessions Trial No. 310 of 1997 whereby and whereunder the learned Additional Sessions Judge after holding the appellants guilty for subjecting Anjulata, wife of appellant Surendra (A-1) and daughter-in-law of appellant Shantibai (A-2), to cruelty, convicted them under Section 498A of the Indian Penal Code (in short the IPC) and sentenced each of the appellants to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 500/- in default of payment of fine, to further undergo rigorous imprisonment for 6 months. The learned trial Judge acquitted the appellants from the charges under Section 304B of the IPC and also acquitted co-accused Yadu-nandan, father of appellant Surendra (A-1), from the charges under Sections 304B and 498A of the IPC. Against such acquittal no criminal appeal is reported to be filed by the State.
2. Conviction is impugned on the ground that without there being any iota of evidence, court below has convicted and sentenced the appellants as aforesaid mentioned and thereby committed illegality.
3. As per case of the prosecution, on 01-5-1997, Ramprasad Jaiswal reached to Outpost Karji, Police Station Jaynagar, District Surguja and lodged the merg intimation regarding death of daughter-in-law of his brother Yadunandan and stated therein that on account of pain in the abdomen Anjulata was having problem, she was being treated at Ambikapur, but had not become well. On the same day, deceased Anjulata alias Anju, her father-in-law Yadunandan and his wife and other children were in their home; at about 9.30 morning, Anjulata hanged herself in a room near to her room with a rope connected with a wooden girder of the roof. The hanging rope was cut by her father-in-law Yadunandan with a hope that she may regain life but deceased Anjulata not regained life. On account of death of Anjulata, the merg was written at the outpost, same was numbered at Police Station Jaynagar as Ex.-P/6. Police reached to the spot and after giving inquest notice (Ex.-P/7) to the witnesses, inquest (Ex.-P/1) was prepared vide Ex.-P/1 and the dead body of deceased Anjulata was sent for post-mortem. Doctor Kamlesh Kumar Tamrakar (PW-7) conducted the autopsy and noticed following injuries/symptoms:-
(i) Ligature mark present on neck above the thyroid cartilage passing obliquely upwards toward right upto right angle of mandible and towards it goes obliquely upwards toward left mastoid and upto right side of occipital region then interrupted from right side of occipital to right angle of mandible. Mark is hard brownish in colour, length 14½" breadth 1" on dissection subcutaneous tissue under mark is pale, soft tissue of neck above and below the ligature mark is congested.
As per the opinion cause of death was due to hanging. It was also opined that death was occurred within 2 days since the post-mortem. He gave his report vide EX.-P/4. During the investigation, police seized remaining rope, breaking bangles and other articles vide Ex.-P/2; also seized from appellant Shantibai (A-2) one piece of bangle for comparison. The spot map was prepared vide EX.-P/8. Two cheques were seized from Harihar Prasad Jaiswal vide Ex.-P/12 issued on the name of appellant Surendra Jaiswal (A-1). On 15-5-1997, the First Information Report (FIR) was lodged against the both appellants and acquitted co-accused Yadu-nandan Jaiswal under Section 306/34 of the IPC by registering the FIR as Crime No. 85 by Inspector P.K.S. Goutam (PW-8) vide Ex.-P/9. The statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short the Code).
4. After completion of the investigation, charge-sheet was filed before the Judicial Magistrate First Class, Surajpur, against the appellants and acquitted co-accused Yadunand
