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2016 Supreme(All) 2479
ALLAHABAD HIGH COURT
Surendra Vikram Singh Rathore, Anil Kumar Srivastava-II, JJ.
Amrish Kumar Kashyap - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. - 303 of 2016 alongwith Criminal Appeal No. - 316 of 2016
Decided On : 04-05-2016
For the Petitioner: Atul Verma.
For the Respondent:Govt. Advocate.
For the Petitioner: Kailesh Chandra Kashyap & Another
For the Respondent: State of U.P
The main legal point established in the judgment is the application of Section 304-B IPC in dowry death cases, the reliance on dying declarations, and the burden of proof on the accused to discharge the presumption under Section 113-B of the Evidence Act.
Headnote:
Dowry Death - Criminal Appeal - Dowry Prohibition Act, Section 304-B IPC, Section 323 IPC, Section 4 98-A IPC - The judgment discusses the conviction and sentencing of the appellants for the offence under Section 304-B IPC, Section 323 IPC, and Section 4 of Dowry Prohibition Act. The court analyzed the dying declarations, the substantiation of the allegation of demand of dowry, and the legal provisions related to dowry death. The court confirmed the conviction of the husband under Section 304-B IPC but reduced the sentence from life imprisonment to 10 years rigorous imprisonment. The other appellants were acquitted based on the benefit of doubt.
Fact of the Case:
The case involved the death of a woman due to burn injuries, with allegations of dowry harassment and cruelty by the husband and in-laws. The prosecution presented evidence including dying declarations, while the defense claimed that the deceased committed suicide.
Finding of the Court:
The court found the husband guilty under Section 304-B IPC based on the substantiated allegation of demand of dowry and upheld the conviction, but reduced the sentence to 10 years rigorous imprisonment. The other appellants were acquitted based on the benefit of doubt.
Issues: The key issues included the reliability of dying declarations, substantiation of the allegation of demand of dowry, and the application of legal provisions related to dowry death.
Ratio Decidendi: The court relied on the substantiation of the allegation of demand of dowry, the legal presumption under Section 113-B of the Evidence Act, and the interpretation of Section 304-B IPC to reach its decision.
Final Decision: The conviction of the husband under Section 304-B IPC was confirmed, but the sentence was reduced to 10 years rigorous imprisonment. The other appellants were acquitted based on the benefit of doubt.
Per Surendra Vikram Singh Rathore, J.
1. Mr. Atul Verma, learned counsel for the appellants and Sri M.Y. Ansari, learned Additional Government Advocate were heard at length.
2. These appeals were listed for hearing on bail application. Since the paper book has already been prepared and the learned counsel for the appellants expressed his willingness to argue the appeal finally, therefore, we proceeded to hear these appeals on merits.
3. Since both these appeals i.e. (Criminal Appeal No.303 of 2016-Amrish Kumar Kashyap V. The State of U.P.) and (Criminal Appeal No.316 of 2016-Kailash Chandra Kashyap and another V The State of U.P.) arise out of a common judgment, therefore, the same are being disposed of together.
4. Criminal Appeal No.303 of 2016 has been preferred by the appellant-Amrish Kumar Kashyap and Criminal Appeal No.316 of 2016 has been preferred by the appellants Kailash Chandra Kashyap and Smt. Ram Rati challenging the judgment and order dated 29.02.2016 passed by learned Additional Sessions Judge, Court No.1, Lucknow, in Sessions Trial No.955 of 2008, arising out of Case Crime No.603 of 2007, Police Station Thakurganj, District Lucknow, whereby the appellant Amrish Kumar Kashyap was convicted for the offence under Section 304-B IPC and sentenced with imprisonment for life and he was further convicted for the offence under Section 323 IPC and was sentenced with rigorous imprisonment for a period of six months and also with fine of Rs.1000/- with default stipulation of 15 days additional imprisonment.
5. Appellants Kailash Chandra Kashyap and Smt. Ram Rati were acquitted of the charges under Sections 304-B and 323 IPC.
6. All the appellants were convicted for the offence under Section 4 of Dowry Prohibition Act and were sentenced with rigorous imprisonment for a period of two years and also with fine of Rs.5000/- with default stipulation of one month additional imprisonment and also for the offence under Section 4 98-A IPC and were sentenced with rigorous imprisonment for a period of two years each and also with fine of Rs.5000/- each with default stipulation of one month's rigorous imprisonment.
7. All the accused persons were acquitted of the alternative charge under Section 302 IPC.
8. All the sentences were directed to run concurrently.
9. In brief, the case of the prosecution was that the complainant Brijesh Kumar Kashyap lodged an FIR at Police Station Thakurganj, District Lucknow on 31.12.2007 at 12: 30 hours alleging therein that his sister Shakun Kashyap was married with the appellant Amrish Kumar Kashyap on 07.07.2007. On 31.12.2007 at about 4.00 a.m. she has been set at fire by the appellant. Sufficient dowry was given in the marriage but after the marriage the appellant and other family members started the demand of motorcycle and Rs.50,000/- cash and to pressurize the said demand she was treated with cruelty. Twice she was turned out of her matrimonial home. About 15 days prior to the incident she was badly beaten in connection with the demand of dowry and was sent back but a compromise took place between the two families and after the said compromise she was sent to her matrimonial home about 10 days prior to the incident. At that time, she was having pregnancy of about four months. On 31.12.2007 at about 4.00 a.m. she was set ablaze after pouring kerosene oil on her. An information of this incident was given by a person living in the neighbourhood. Thereafter, immediately the complainant and his family members rushed to the house of the appellants where they reached at about 6.00 a.m. and admitted the victim in the medical college.
10. On the basis of this FIR, the case was registered under Sections 498-A and 307 IPC. During treatment the deceased died on 07.01.2008 and an information of her death was given by the complainant at the police station thereafter the case was converted under Section 304-B IPC. Prior to it on the information of S.A. Ashok Kumar of Medical College, Lucknow, the inquest proceedi
