2012 Supreme(All) 3064
[2013(1) ADJ 5 (DB)(NOC)]
ALLAHABAD HIGH COURT
BEFORE : RAKESH TIWARI AND ANIL KUMAR SHARMA, JJ.
JAGDISH CHANDRA GUPTA AND ANOTHER ....Appellants (In Jail)
Versus
STATE OF U.P. ....Opposite Party
(Criminal Appeal Nos. 2029 and 2398 of 2005, decided on 27th November, 2012)
Counsel :
S.P. Singh Raghav, D. Singh, Km. Ekta Singh Rathore, Km.G.S. Rathore, Ranjeet Kumar Mishra, Sanjay Singh, Rahul Mishra (Amicus Curiae) for the Appellants; A.G.A. for the Opposite Party.
Headnote:(Indian) Penal Code, 1860—Sections 304-B and 498-A—Dowry Prohibition Act, 1961—Sections 3 and 4—Evidence Act, 1872—Sections 113-B, 114 and 106—Dowry death—Conduct—None of accused had informed about incident either to complainant or police—They did not take deceased to any doctor for treatment—Conduct of accused shows ill intention—Burden on inmates of house to explain how crime was committed within house in term of Section 106—Denial cannot be treated to be discharge of onus—Onus has to be discharged by leading proper, cogent evidence—Prosecution established guilt of accused person by cogent evidence—Deceased suffered death on account of burn injuries—Recovery of ashes and burnt "baans" further prove that victim was set ablaze inside room—Conviction upheld.
Challenge in this appeal is to the judgment and order dated 21.04.2005 passed by the then Additional Sessions Judge, Court No.1, Etah in S.T. No. 189 of 1999, whereby the appellants have been found guilty for the offences punishable under section 304-B, 498A IPC and under section 3/4 of Dowry Prohibition Act. Each appellant had been sentenced as under:
| (i) | Under Section 3 04-B IPC | Rigorous imprisonment for life; |
| (ii) | U/s 498-A IPC | Three years R.I. and fine of Rs. 10,000/-; |
| (iii) | U/s 3/4 Dowry Prohibition Act | Two years R.I. and fine of Rs. 5,000/- with default stipulation. |
2. In nutshell the prosecution case before the trial court was that complainant Hari Om Gupta s/o Late Ram Autar Gupta, r/o Mohalla Katra, Kasba Mohanpur, P.S. Sahawar, District Etah presently residing in B-2, Staff Quarters, Kendriya Vidyalaya No.2, Chakeri, Kanpur submitted a written report in P.S. Ganj Dundwara, District Etah on 16.09.1998 at 12.30 P.M. stating that he had married his sister Sanju Gupta with accused Sanjiv Kumar Gupta @ Boby s/o Jagdish Chandra Gupta, r/o Mohalla Etah Road, Kasba & P.S. Ganj Dundawara, District Etah on 21.11.1997 in Kasba Ganj Dundawara. He had given Rs. 20,000/- cash, golden chain, a ring for bridegroom and clothes etc. at the time of settling the marriage and in the marriage scooter, Sofa set, double bed, steel almirah and T.V. set etc. were given as dowry. At the time of Vida Jagdish Chandra Gupta the father-in-law of his sister and her husband Sanjeev Kumar Gupta @ Boby were enraged for not giving colour T.V, fridge and washing machine. He tried hard to pacify them. The sister of the bridegroom also taunted his mother and sister for not giving these articles and co-accused Mamta told his mother to this extent that if articles are not delivered soon the consequences would be very bad. After marriage when his sister came to their house she complained that her mother-in-law Munni Devi and sister-in-law Mamta have tortured her for not giving the aforesaid goods and they have warned her that if she did not bring the above items a bottle of kerosene and matchbox is kept in the house either she should set herself ablaze or face the result. The report further stated that at the time of marriage his brother-in-law Sanjeev Gupta protested for giving old double bed and they directed him to take it back. However, somehow he told his difficulties to them and returned with his sister. A week thereafter Sanjeev Kumar @ Boby came for Vida and he reiterated his demand. Again the complainant showed his inability to meet their demand then he threatened him not to visit them unless the dowry items are given to them. It was further stated in the written report that on 11.07.1998 the Namkaran Sanskar of his son was scheduled, so he visited the accused persons to take his sister. When he reached at the house of the accused persons the father-in-law Jagdish Chandra Gupta, mother-in-law Munni Devi, husband Sanjeev Kumar Gupta and sister-in-law Mamta and Kalpana of his sister misbehaved with him. On hearing these talks his sister retorted the accused persons that they should not misbehave with his brother and she is there for this purpose. At that time mother-in-law Munni Devi and sister-in-law Mamta tried to beat his sister. It has been further mentioned in the written report that on the eve of Raksha Bandhan he again visited the house of his sister and with difficulty the mother-in-law and sister-in-law Mamta of his sister brought her for tying Rakhi and immediately they took her inside. On this misbehavior she broke down and asked him to deliver the goods demanded by the accused persons else they would not let her alive. The complainant has noted in his report that on 13.09.1998 he was telephonically informed that in-laws of his sister have burnt her after beating. On