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2014 Supreme(Raj) 1196

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

Advocates:
For the Petitioner:Vineet Jain, Advocate.
For the Respondent No. 2:M.K. Garg, Advocate.
For the Respondent: Rajesh Bhati, Public Prosecutor.

In a prosecution for dowry death, the Trial Court is entitled to evaluate the evidence on record and draw its own conclusions, and its findings of fact will not be interfered with in revision unless they are perverse or based on a misapprehension of the evidence.

Headnote:

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.

JUDGMENT

1. - The revisional jurisdiction of this Court has been sought to be invoked to set at naught the judgment and order dated 19.10.2000 passed by the learned Special Additional Sessions Judge (Women Atrocities) Cases, Sri Ganganagar in Sessions Case No. 14/1989 (77/97) thereby acquitting the respondent No. 2 of the charges for offences under Sections 306 and 498A of the Indian Penal Code (for short, hereinafter referred to as "the l.P.C.").

2. The prosecution case is traceable to a written report (Ex.P-2) lodged at about 5.00 P.M. on 5.9.1986 by Sitaram, the father of the deceased Smt. Kanta stating that his daughter had been given in marriage to Pawan Kumar S/o Munshiram Agarwal on 20.5.1986, where after she was subjected to harassment and ill treatment on demands of dowry. It was disclosed that on 4.9.1986 at about 6.30 P.M. having received a telephonic information from Raisinghnagar, the place of her matrimonial home, that she had died of burn injuries, he along with others rushed there and on seeing her dead daughter, entertained an impression that she had been murdered. The information was thus lodged with the SHO, Police Station Raisinghnagar. On this a police case was registered under Section 306 l.P.C. and on the completion of the investigation, charge-sheet was laid against the respondent No. 2, the mother-in-law of the deceased. Eventually, charges were framed against her under Sections 306 and 498-A l.P.C., to which she pleaded "not guilty" and was made to stand trial. The prosecution at the trial examined 14 witnesses including the parents of the deceased, a few relations of her, the doctor, who had performed the postmortem examination on her as well as the Investigating Officer. The respondent No. 2 in course of her statement under Section 313 Cr.P.C. abided by her denial of the charges. She examined 4 witnesses in defence as well. At the conclusion of the trial and on a consideration of the materials on record, the learned Trial Court, however, by the judgment and order impugned acquitted the respondent No. 2 of the charges.

3. Before adverting to the rival arguments, it would be appropriate at the threshold to notice the grounds on which the order of acquittal had been recorded. As would be apparent from the impugned judgment and order, the learned Trial Court did elaborately analyse the evidence on record and on the evaluation thereof concluded as hereunder

(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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