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2011 (73) ACC 88
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
B.C. KANDPAL, NIRMAL YADAV, JJ.
Pawan Lal - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 1570 of 2001
Old Criminal Appeal No. 1840 of 1998
Decided on : 06 .05.2010
Dowry Death - Indian Penal Code, 1860 - Section 304-B - Summary of Acts and Sections: IPC 304-B - The court discussed the evidence of violence, the burden of proof on the accused, and the presumption of dowry death under Section 113-B of the Evidence Act. The judgment highlighted the importance of the husband's explanation in cases of unnatural death of the wife and the significance of medical evidence in proving the offence under Section 304-B of the IPC.
Fact of the Case:
The deceased, Darshani Devi, was found dead under suspicious circumstances, leading to the trial of her husband, Pawan Lal, for the offence under Section 304-B of the IPC. The prosecution alleged dowry harassment and cruelty against the accused, while the defense denied the allegations.
Finding of the Court:
The court found that the evidence of violence on the deceased indicated cruelty and harassment, meeting the requirements of Section 304-B of the IPC. The court emphasized the importance of the husband's explanation in cases of unnatural death of the wife and upheld the conviction and sentence of the appellant.
Issues: The key issues revolved around proving dowry harassment and cruelty leading to the death of the deceased, the burden of proof on the accused, and the significance of medical evidence in establishing the offence under Section 304-B of the IPC.
Ratio Decidendi: The court held that the evidence of violence on the deceased, coupled with the husband's failure to provide a satisfactory explanation for the death, established the offence under Section 304-B of the IPC. The court also emphasized the presumption of dowry death under Section 113-B of the Evidence Act.
Final Decision: The appeal was dismissed, and the conviction and sentence of the appellant were affirmed. The appellant was ordered to be taken into custody to serve out the sentence.
Nirmal Yadav, J.
Accused-Pawan Lal alongwith his brother-Madan Lal and other co-accused Smt. Brahaspati Devi and Smt. Vijai Laxmi Devi stood trial for the offence punishable under Section 304-B of the Indian Penal Code, 1860 (for short IPC). However, the trial court acquitted accused Madan Lal, Smt. Brahaspati Devi and Smt. Vijay Laxmi Devi of the charges levelled against them and convicted accused-Pawan Lal husband of Darshani Devi (deceased) under Section 304-B of the I.P.C. in Sessions Trial No. 25 of 1997 vide judgment and order dated 02.09.1998 and sentenced him to undergo life imprisonment.
2. The criminal law was set in motion on an application-dated 28.07.1996 (Ex. Ka-1) moved by complainant-Pushpa Nand, father of Darshani Devi (deceased). According to complainant, his daughter Darshani Devi (deceased) was married with accused-Pawan Lal about one and a half years prior to the occurrence i.e. up to 27th July 1996. An information was received by complainant- Pushpa Nand through two persons from the village of accused that his daughter Darshani Devi (deceased) has died during the night between 27-28th July 1996. According to him, his daughter died under suspicious circumstances; therefore, he expected proper action to be taken against the in-laws of Darshani Devi (deceased). Information with regard to complaint (Ex. Ka-1) was entered in General Diary at 5:00 p.m. on 28th July 1996. Sub Inspector T.P. Malik went to the spot for preparing inquest. He prepared inquest report (Ex. Ka-7) and also prepared the other relating papers. The dead body of Darshani Devi was sealed and was handed over to Constables Gyan Lal and Rajvir Singh for taking the same to Combined Hospital, Tehri for postmortem. As per the opinion of Panches as mentioned in the inquest report the death of Darshani Devi occurred under suspicious circumstances.
3. On 29th July 1996, complainant-Pushpa Nand moved another application (Ex. Ka-2) before Station House Officer, Chamba stating therein that he had already given the information with regard to death of his daughter under suspicious circumstances, however, while the police was preparing the inquest memo on 29th July 1996, he noticed certain contusions and abrasions on the neck of Darshani Devi (deceased). He was, therefore, confident that his daughter Darshani Devi had been murdered by her husband-Pawna Lal by throattling. On the basis of said application, Chick report (Ex. Ka-4) was registered against the accused under Section 302 of the I.P.C. The investigation was undertaken by Station House Officer Mr. P.S. Bhandari, (PW-6). He recorded the statement of complainant-Pushpa Nand and family members of accused-Pawan Lal and other witnesses under Section 161 Cr.P.C. He prepared site plan (Ex. Ka-6) on the pointing out of accused-Smt. Vijay Laxmi. On 31st July 1996, he recorded the statement of Smt. Sumitra Devi (PW-2), who stated that there was demand of dowry and Darshani Devi (deceased) was subjected to cruelty by accused-Pawan Lal. The case was therefore, converted under Section 304-B of the I.P.C. The investigation was handed over to Mr. R.P. Yadav, Dy. S.P., who recorded the statements of Hira Lal, Indra Datt, Daya Nand, Pushpa Nand and Sumitra Devi on 10th August 1996.
4. On completion of the investigation, the challan was presented and the accused was charge sheeted under Section 304-B of the I.P.C. to which he pleaded not guilty and claimed trial.
5. In order to prove its case, the prosecution produced as many as six witnesses. Complainant-Pushpa Nand (PW-1), father, Sumitra Devi (PW-2), mother, Hira Lal (PW-3) brother of Darshani Devi (deceased), Indra Dutt (PW-4), co-villager of complainant-Pushpa Nand, Dr. M.K. Singh (PW-5) who conducted the autopsy of Darshani Devi (deceased) and the postmortem report is Ex. Ka-3 and Mr. P.S. Bhandari (PW-6) is the Investigating Officer.
6. Dr. M.K. Singh (PW-6) conducted the autopsy on the dead body of Darshani Devi and found following:
7. The age
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