Back
ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Ram Murti and Another - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 2754 of 2014 Connected with Criminal Appeal No. 2782 of 2014
Decided On : 22-12-2016
Dowry Death - Criminal Law - Dowry Prohibition Act, 1961 - Section 304-B, 498-A, IPC - [SUMMARY]
Fact of the Case:
The deceased, Arati, was married to Anuruddh Singh and died due to burn injuries. The prosecution alleged that she was killed by her in-laws for not fulfilling their demand for a motorcycle as additional dowry. The defense claimed that her death was accidental due to a gas leak while cooking.
Finding of the Court:
The court found that the death was homicidal, and the appellants were guilty of demanding dowry and subjecting the deceased to cruelty. The court affirmed the conviction and sentence of the appellants.
Issues: The court analyzed the circumstances of the death, the demand for dowry, and the subsequent conduct of the appellants.
Ratio Decidendi: The court applied the legal provisions of the Dowry Prohibition Act, 1961, and the Indian Penal Code, and relied on the principles of dowry death and cruelty to married women. The court also considered the presumption of dowry death and the burden of proof on the accused to rebut the presumption.
Final Decision: The appeals were dismissed, and the conviction and sentence of the appellants were affirmed. Anuruddh Singh was to serve out the sentence, while Smt. Ram Murti and Lallan Singh were granted time to surrender and serve the remaining part of their sentence.
Ram Surat Ram (Maurya),J.
1. Heard Sri Rajeev Lochan Shukla and Sri Vijay Singh Sengar, for the appellants and A.G.A, for State of U.P.
2. These appeals have been filed from the conviction and sentence passed by Second Additional Sessions Judge, Jalaun at Orai, dated 10.07.2014, in S.T. No. 43 of 2010, State of U.P. Vs. Anurudh Singh and others (arising out of Case Crime No. 322 of 2009, under Section 4 98-A, 304-B IPC and Section 3 /4 of Dowry Prohibition Act, 1961, P.S. Sirsakalar, district Jalaun), sentencing the appellants for ten years rigorous imprisonment under Section 3 04-B IPC, three years rigorous imprisonment with fine of Rs. 10000/- each under Section 4 98-A IPC and two years rigorous imprisonment with fine of Rs. 5000/- each under Section 4 of Dowry Prohibition Act, 1961.
3. On the complaint of Mahaveer Singh son of Shyam Lal Singh, resident of Kheriya Sindh, P.S. Amayan, district Bhind (PW-1) (the father of the deceased), HM 839 Onkar Nath (PW-6) registered an FIR of Case Crime No. 322 of 2009, under Section 4 98-A, 304-B IPC and Section 3 /4 of Dowry Prohibition Act, 1961 on 09.11.2009 at 4.30 hours, at police station Sirsakalar, district Jalaun, against Anuruddh Singh (husband), Lallan Singh @ Omendra Singh (father-in-law) and Smt. Ram Murti (mother-in-law) of the deceased Arati. It has been stated in the FIR that his daughter Arati was married to Anuruddh Singh son of Lallan Singh @ Omendra Singh, resident of village Bhagaura, P.S. Sirsakalar, district Jalaun, on 02.03.2008, according to Hindu rites. He had given agreed money and everything in dowry at the time of marriage, according to his capacity. His daughter had gone to her matrimonial house for four-five times till then. His daughter used to inform him and her maternal uncle Suresh Singh, about her torture at matrimonial house as they were demanding a Hero Honda Splender motorcycle as an additional dowry. Due to that reason father-in-law of Arati, namely Lallan Singh, his wife and his son Anuruddh Singh had killed her on 08.11.2009 at about 11.00 hours and thereafter informed him. When he came, he found his daughter as dead. He gave information in this respect at Police Outpost Nyamatpur.
4. Inquest of the deceased was conducted by Rajesh Prasad Tiwari, Tahsildar (PW-5) on 09.11.2009 between 10.30 hours and 12.40 hours. Post mortem was conducted by Dr. K.K. Gupta (PW-4) along with Dr. M.C. Verma on 10.11.2009 at 15.30 hours, in which cause of death was mentioned as "shock and hemorrhage due to ante-morten burn and other injuries". After inquest, SI Shrikesh Bharati (PW-10) prepared memo of Gas Cylinder, Chulha, Regulator, and half burnt pipe (Ex-Ka-16), ashes from the place of occurrence (Ex-Ka-17) and half burnt sari and blood stained bed sheet (Ex-Ka-6). K.D. Chaudhari, Circle Officer of Police (PW-9), started investigation. He prepared site plan (Ex-Ka-15) on the instruction of one Jitendra Singh as neither the complaint nor the accused were present. He recorded statements of several villagers, including Ram Prakash Pal (DW-1) and SI Shrikesh Bharati. Thereafter, investigation was transferred to Deputy Superintendent of Police, Hari Ram (PW-8), who after investigation submitted charge sheet against Anuruddh Singh (husband), Lallan Singh @ Omendra Singh (father-in-law) and Smt. Ram Murti (mother-in-law), under Section 4 98-A, 304-B IPC and Section 3 /4 of Dowry Prohibition Act, 1961 on 12.01.2010. On committal, S.T. No. 43 of 2010 was registered against the appellants. Sessions Judge framed charges on 19.05.2010. The appellants denied charges and claimed trial. Subsequently the case was transferred to Additional Sessions Judge. Additional Charges were also framed on 29.01.2011, under Section 3 02 read with Section 3 4 IPC against the appellants.
5. Prosecution examined Mahaveer Singh (PW-1), the first informant and father of the deceased, Smt. Kishori (PW-2), mother of the deceased, Sanjeev Singh (PW-3), the brother of the deceased, Dr. K.K. Gupta
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
