RAJASTHAN HIGH COURT
Amitava Roy, J.
Sita Ram - Appellant
Versus
State of Rajasthan & Anr. - Respondent
S.B. Criminal Revision Petition No. 63 of 2001.
Decided On : 28-03-2014
DOWRY DEATH - SECTION 306, 498A IPC - FACTUAL ANALYSIS - EVIDENCE EVALUATION - ACQUITTAL UPHELD - REVISION DISMISSED
Fact of the Case:
The deceased, Smt. Kanta, died of burn injuries within seven months of her marriage. The prosecution alleged that she was subjected to harassment and ill-treatment on demands of dowry by her mother-in-law, brother-in-law, and sister-in-law, leading to her suicide. The respondent No. 2, the mother-in-law, was charged under Sections 306 and 498A of the Indian Penal Code (IPC).
Finding of the Court:
The Trial Court acquitted the respondent No. 2, holding that the prosecution witnesses had substantially departed from their statements made during the investigation, improving their version in support of the charge. The Court also noted that the deceased's letters to her husband did not contain any mention of dowry demands or harassment, and that a document produced by the defense suggested that the deceased's father did not suspect any foul play in her death.
Issues: 1. Whether the Trial Court erred in discrediting the prosecution witnesses based on their deviations from their statements during the investigation. 2. Whether the Trial Court erred in relying on the deceased's letters to her husband and the document produced by the defense.
Ratio Decidendi: 1. The Court held that the Trial Court did not err in discrediting the prosecution witnesses, as their deviations from their statements during the investigation were significant and rendered their testimony untrustworthy. 2. The Court held that the Trial Court did not err in relying on the deceased's letters to her husband and the document produced by the defense, as these were relevant pieces of evidence that could be considered in evaluating the prosecution's case.
Final Decision: The Court dismissed the revision petition, upholding the Trial Court's order of acquittal.
(1) The prosecution witnesses PW-2 Sitaram, father of the deceased, PW-7 Geeta Devi, mother of the deceased, PW-6 Madan Lal and PW-8 Rajendra, brothers of the deceased, PW-3 Om Prakash, uncle of the deceased, PW-4 Indra Devi, aunt of the deceased have in their testimony at the trial substantially departed from their statements made under Section 161 Cr.P.C. in course of the investigation thereby improving their version in support of the charge on the aspects of alleged demands of dowry and harassment to the deceased stemming therefrom, so much so that their evidence in Court was as a result of after thought and mutual deliberations. That these witnesses in course of the investigation did not implicate the Respondent No. 2, mother-in-law of the deceased, Ramvilas, brother-in-law of the deceased and Meera, sister-in-law of the deceased in alleged demands of dowry, was also noticed. These witnesses, however, involved the respondent No. 2, Ramvilas and Meera in their deposition at the trial.' The learned Trial Court construed these to be significant improvements deliberately introduced later in point of time rendering the witnesses untrustworthy.
(2) There had been a substantial identicalness in the nature of improvement in the deposition of the prosecution witnesses at the trial on same aspects, thus rendering their testimony akin to parrot like narration.
(3) Though PW-2 Sitaram had stated that on receiving the intimation of the death of his daughter in the evening of 4.9.1986, he along with others had proceeded towards Raisinghnagar and having reached there
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