Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NAVIN SINHA, P. SAM KOSHY, JJ.
Deepak S/o Shri Shobhraj Kotwani - Appellant
Versus
State of Chhattisgarh, through Police Station, Torwa, District Bilaspur - Respondent
Criminal Appeal No. 46 of 2001
Decided On : 28-04-2016
Evidence Act - Section 113-B – Indian Penal Code - Sections 302/34, 304-B, 306 and 498-A - Demand of dowry - Conducted post-mortem – First Information Report - Case of prosecution is that Appellant had taken dead body of deceased to clinic who on examination declared deceased to be brought dead - Doctor in turn gave intimation of death to Police Station City - Based upon said intimation recorded FIR and in course took statement of brother of deceased - Upon which an FIR was lodged for offence under Section 304-B IPC Exhibit P-10 - Deceased was married to Appellant - In intervening night of March deceased is said to have been found hanging from ceiling fan in her room - Appellant is stated to have brought her down and took her to clinic who declared her brought dead – Subsequently said witness PW-2 himself had conducted post-mortem Exhibit P-4, and found following injuries on body of deceased – Held, Two judgments also stand fortified from decision of Supreme Court in case whereby Supreme Court turning down argument of Appellant that Appellant could not have been convicted under Section 306 of IPC in absence of a charge being framed in aforesaid Section held that even if charge has not been framed it was observed that since there was sufficient material to indicate that deceased committed suicide due to harassment meted out to her by Appellant attracts offence of abetment of suicide as it was his conduct which drove wife to commit suicide - In process it found Appellant guilty for offence under Section 306 of IPC and had also converted conviction under Section 304-B of IPC to one under Section 306 of IPC - Applying same analogy in instant case also Appellant would be entitled for benefit of doubt so far as offence under Section 304-B of IPC is concerned - But there is sufficient material to reach to conclusion that Appellant is guilty of having committed offence under Section 306 of IPC - For foregoing reasons in absence of sufficient material for constituting an offence under Section 304-B of IPC and the benefit of doubt going in favor of Appellant conviction of Appellant for said offence is set aside and he is acquitted from said charge but stands convicted for offence under Section 306 of IPC - Taking into consideration total facts and circumstances of case more particularly manner in which Appellant subjected deceased to humiliations taunts and other indignities coupled with fact that she was also pregnant nine months and carrying a fully developed baby in her womb yet she felt that there was no other way left for her except for committing suicide Appellant is sentenced to undergo rigorous imprisonment for seven years - Appeal dismissed
P. Sam Koshy, J.
Challenge in the present appeal is to the judgment of conviction and sentence dated 9.1.2001 passed by the First Additional Sessions Judge, Bilaspur, in Sessions Trial No. 80 of 1996 convicting the Appellant for the offence under Sections 498-A and 304-B of IPC. He has been sentenced to undergo rigorous imprisonment for one year with fine of Rs. 1000/- with default stipulation under Section 498-A of IPC. Similarly, for the offence under Section 304-B of IPC he was sentenced to life imprisonment with fine of Rs. 5000/- with default stipulation.
2. Case of the prosecution is that on 5.3.1995 the Appellant had taken the dead body of the deceased, Varsha @ Sadhna to the clinic of Dr. Ramjanm Prasad Verma (PW-2), who, on examination, declared the deceased to be brought dead. The doctor, in turn, gave intimation of death to Police Station, City Kotwali, Bilaspur. Based upon the said intimation, P.S. Baran (PW-5) recorded FIR and in the course took the statement of the brother of the deceased, Tolaram (PW-9) on 5.3.1995. Based upon which, an FIR was lodged for offence under Section 304-B IPC, Exhibit P-10.
3. The deceased was married to the Appellant on 5.2.1993. In the intervening night of 4th & 5th March, 1995, the deceased is said to have been found hanging from the ceiling fan in her room. The Appellant is stated to have brought her down and took her to the clinic of Dr. Ramjanm Prasad Verma (PW-2) who declared her brought dead. Subsequently, the said witness (PW-2) himself had conducted the post-mortem, Exhibit P-4, on 6.3.1995 at 9:00 am and found the following injuries on the body of the deceased :-
1. Contusion size 1½" x1", just above occipital protuberant.
2. Contusion size 2.5 cm x 0.3 cm over right side of face horizontally placed to the angle of mouth.
3. Abrasion size ½ cm x ½ cm over left side upper part inner surface of labia majora.
4. Blood clot over left pinna, due to abrasion of ear holes of ear tops. Size is very small and tops are inside blood clot present over ear tops of left side, simple within 6 hours before death, seems to be produced by struggle or quarrel by ear tops.
5. Ligature mark-substance used for hanging not produced nor found with body.
6. Position of mark-above thyroid, between the larynx and body of mandible in center, size 1 cm in breadth. Direction-obliquely upwards, along the mandible.
7. Extension-on right side up to posterolate part of base of skull size 2cm breadth, on left side up to the angle of mandible breadth 1cm, total length of ligature mark is 27cm.
8. Character of mark-chocolate brown coloured skin. No abrasion, on internal examination base is glistening, margins are congested. Neck is stretched and elongated, head tilted to right side.
9. Epiglottis congested. Trachea normal & healthy. Both lungs were congested. All chambers of heart were empty of both sides. Base of tongue is in contact with roof of oral cavity.
10. Internal examination of uterus-normal uterus containing full foetus well developed, still birth male child, invertex presentation, placenta normal. Weight of baby 3 kg 300 gr. Length of baby 48 cm, circumference of head 33 cm.
The Doctor gave an opinion that the cause of death was due to asphyxia resulting from ante-mortem hanging and time elapsed since death was approximately 33 to 48 hours.
4. The post-mortem report also discloses that the deceased was in an advanced stage of pregnancy. A fully developed still born male child weighting 3kg & 300 gram, length of the baby was 48 cm and the circumference of the head was around 33 cm, was present inside the foetus.
5. During the course of investigation, the police authorities found that the deceased, who was married to the Appellant in February, 1993, was shortly after the marriage, i.e., about a period of less than a month's time, subjected to cruelty and harassment on the issue of insufficient dowry and expectations of the family members in the house of the Appellant. Right from the initial days itself she
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
