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ALLAHABAD HIGH COURT
Sheo Kumar Singh, Vinod Prasad, JJ.
Jagdish Chandra Gupta -Appellant
Versus
State of U.P. -Respondent
Criminal Appeal No. - 2029 and 2398 of 2005
Decided On : 16-01-2014
Dowry Death - Criminal Law - IPC 304B, 498A, Dowry Prohibition Act 3/4 - Summary of Acts and Sections: The court discussed the provisions of IPC 304B and 498A, as well as the Dowry Prohibition Act 3/4, emphasizing the definition of dowry death, presumption as to dowry death, and the burden of proof. The court highlighted the requirement to establish cruelty or harassment for dowry demand, the presumption of dowry death, and the proximity test for determining the timing of cruelty or harassment before death.
Fact of the Case:
The case involved the death of a 20-year-old woman within one year of marriage, with allegations of dowry demand, torture, and subsequent burning leading to her death. The prosecution presented evidence of demand of dowry, torture, and harassment, while the defense argued delay in lodging the First Information Report, lack of evidence of dowry demand, and absence of torture on the deceased.
Finding of the Court:
The court found that the deceased was tortured for dowry, subjected to cruelty, and burnt in her matrimonial home, leading to her death within a year of marriage. The court rejected the defense's arguments, emphasizing the lack of explanation for the injuries and the smell of kerosene oil on the deceased's scalp hair. The court also highlighted the absence of medical treatment for the deceased and the suspicious behavior of the accused after the incident.
Issues: The issues included the delay in lodging the First Information Report, evidence of dowry demand, torture on the deceased, and the circumstances of the incident.
Ratio Decidendi: The court emphasized the burden of proof on the accused, the requirement to establish cruelty or harassment for dowry demand, and the proximity test for determining the timing of cruelty or harassment before death. The court also highlighted the societal impact of dowry-related crimes and the responsibility of family members to provide a cordial atmosphere for the bride.
Final Decision: The court upheld the conviction and sentencing of all three appellants, emphasizing their active involvement and failure to provide convincing evidence. The court ordered the immediate custody of the accused appellants not currently in jail to serve out their sentences.
These are two connected appeals against the judgment of Additional Sessions Judge, Court No.1, Etah passed in Sessions Trial No. 189 of 1999 by which the accused appellants were convicted under Section 304B, 498A I.P.C. and 3/4 of D.P. Act and each appellants had been sentenced, as below:
(i) Rigorous imprisonment for life under Section 304B I.P.C.
(ii) Three years rigorous imprisonment and a fine of Rs. 10,000/- under Section 498A I.P.C.
(iii) Two years rigorous imprisonment and a fine of Rs. 5,000/- with default stipulation under Section 3/4 Dowry Prohibition Act.
2. The aforesaid appeals were earlier heard, judgment was reserved and thereafter by appointing Amicus Curie appeals were dismissed on 27.11.2012. Against the judgment of this court, Criminal Appeal Nos. 2064-2065 of 2013 were filed, which were allowed by the Hon'ble Apex Court on 9.12.2013 and the matter was remitted to this court for fresh disposal.
3. Sri Ayush Singh, learned advocate, has filed his appearance to assist Senior advocate Sri V.P. Srivastava who appeared on behalf of the appellants in hearing of the matter.
4. Pursuant to the judgment of the Hon'ble Apex Court as noted above under the nomination by the Hon'ble the Chief Justice dated 20.12.2013 appeals were listed.
5. Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Ayush Singh, advanced the arguments for the appellants and Sri Chandrajeet Yadav, learned A.G.A. for the State.
6. Judgment was reserved on 7.01.2014.
7. This is a case where an innocent lady of 20 years age having been married in the family of the appellants died within one year of the marriage.
8. Criminal Appeal No. 2398 of 2005 has been filed by Sanjiv Kumar @ Boby, who is the husband of the deceased and Criminal Appeal No. 2029 of 2005 by Jagdish Chandra Gupta and Smt. Munni Devi who are the father-in-law and the mother-in-law respectively.
9. In brief we are to notice the prosecution case.
According to the First Information Report, Hari Om Gupta s/o Late Ram Autar Gupta, r/o Mohalla Katra, Kasba Mohanpur, P.S. Sahawar, District Etah married his sister Sanju Gupta with Sanjiv Kumar Gupta @ Boby s/o Jagdish Chandra Gupta, r/o Mohalla Etah Road, Kasba & P.S. Ganj Dundawara, Etah on 21.11.1997. It is stated that according to his status he got the the marriage performed and paid cash of Rs. 20,000/-, gold chain, rings, clothes etc. besides scooter, sofa-set, double bed, steel almirah and T.V. set etc. Inspite of the aforesaid, the accused were not happy as some more items was desired to be given in marriage which were not given as stated in the First Information Report. From time to time, informant stated that his sister was tortured and threatened of adverse consequences in the event all the demands are not fulfilled. It is also stated in the First Information Report that if she does not bring various items then she should commit suicide else she is to suffer more torture. In fact at the time of Bidai, on account of non-providing various house hold items there was difficulty but on the assurance the accused appellants brought her but as the informant side was unable to fulfill the demands, his sister was beaten repeatedly. For the misbehavior of the appellants she broke down on the Rakhi festival when the informant went her for tying Rakhi. She again reiterated that in the event of non supply of the demanded items they will ensure that the life of the deceased comes to an end. The informant stated that on 13.9.1998 he was telephonically informed that in-laws of his sister and the husband, all gave her beating and burnt her. On getting this information the complaint came to Dundawara and found that the police had sent the dead body for post mortem and after cremation he lodged the First Information Report on the basis of which Case Crime No. 157 of 1998 under Section 304-B, 498-A I.P.C. and 3/4 of Dowry Prohibition Act was registered and the investigation whereof was entrusted to Circle Officer, O
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