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ALLAHABAD HIGH COURT
Sudhir Kumar Saxena, Alok Kumar Mukherjee, JJ.
Anil Yadav and Others - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 2115 of 2007
Decided On : 14-06-2016
Dowry Death - Criminal Appeal - Indian Penal Code - Sections 498-A, 304-B - Summary of Acts and Sections: IPC Section 498-A, IPC Section 304-B - The court discussed the evidence related to the demand of motorcycle as additional dowry, the allegations of harassment and torture, and the cause of death. The court highlighted the presumption of dowry death under Section 304-B and the requirement for special reasons to award maximum sentence of life imprisonment. The court referred to legal provisions and previous judgments to support its decision.
Fact of the Case:
The case involved the conviction of the husband and mother-in-law under Sections 498-A, 304-B of the IPC for the death of the wife due to asphyxia. The prosecution alleged harassment for additional dowry, while the defense denied the charges.
Finding of the Court:
The court found that the evidence did not support the conviction of the mother-in-law, but upheld the conviction of the husband under Sections 304-B and 498-A of the IPC based on the demand of motorcycle as additional dowry and the cause of death.
Issues: The issues revolved around the evidence of harassment for additional dowry, the cause of death, and the applicability of Sections 498-A and 304-B of the IPC.
Ratio Decidendi: The court held that the presumption of dowry death under Section 304-B was applicable, and special reasons were required to award maximum sentence of life imprisonment. The court also considered the lack of external injuries and the circumstances of the case in altering the sentence.
Final Decision: The mother-in-law was acquitted of the charges, while the husband's conviction under Sections 304-B and 498-A of the IPC was maintained, and the sentence was reduced to 10 years rigorous imprisonment.
Sudhir Kumar Saxena and Alok Kumar Mukherjee, JJ.
This criminal appeal is directed against the judgment and order dated 14.03.2007 passed by Additional Sessions Judge, court no. 16, Deoria in S.T. No. 66 of 1999 convicting appellants i.e husband, mother-in-law, under Sections 498-A, 304-B I.P.C. Under Section 304- B I.P.C. husband-appellant has been sentenced to life imprisonment, mother-in-law Smt. Prabhawati has been sentenced to rigorous imprisonment of seven years. Both have been sentenced to 2 years and one year R.I. respectively under Section 498-A I.P.C. in addition to fine of Rs. 5000/- upon both the convicts. Sister-in-law Meena has been acquitted.
2. Briefly stated prosecution case is that Meera was married to appellant Anil Yadav in the year, 1994. Mother-in-law, two sisters-in-law and husband were harassing her for demand of Motorcycle as additional dowry. Since father of the victim was not in a position to fulfil the additional demand, she was not sent after 'Gauna'. They came to know that Meera has been murdered on 09.09.1998. A report was lodged by Lallan Yadav, whereupon after investigation charge-sheet had been submitted against Anil Yadav, Smt Prabhawati Devi (mother-in-law) and Meena (sister-in-law). Second sister-in-law Sheela was not charge-sheeted.
Accused persons denied charge and claimed trial.
3. Prosecution examined 12 witnesses. Lallan Yadav (PW-1), maternal uncle of deceased, Vashisht Yadav (PW-3), father of deceased, Ram Pravesh Yadav (PW-4), mediator of marriage. W-9 Shiv Prasad Chaudhary, first cousin of Vasistha states that during marriage, at the time of 'Khir Khawai' a customary ceremony, motorcycle was demanded by Anil. Ram Narayan Yadav (PW-12) who was present in all the ceremonies, had specifically stated that no demand of dowry was made. Dr. N.B. Gupta (PW-5) has found that death occurred on account of asphyxia due to three broken rings of trachea. No external injury was found by the doctor. Sukhdev and Ram Awadh did not support prosecution. Trial Judge relying upon the entire evidence convicted and sentenced the appellants as above.
4. We have heard Sri R.K. Singh, learned counsel for the appellants and learned A.G.A. appearing for the State.
Submission of Sri R.K. Singh, learned counsel for appellants is that there is no evidence of cruelty caused by mother-in-law and she could not be benefited by any additional demand of Motorcycle. Further submission is that there is no evidence that husband had caused dowry death.
5. From the evidence of maternal uncle, father and mediator, we find that general allegations have been made against mother-in-law, husband and sister-in-law for fulfilling the additional demand of Motorcycle. No specific allegation of harassment and torture has been made against mother-in-law. Lallan Yadav merely says that Anil's mother reminded them of promise to give motorcycle. Allegation of abusing and beating has been made against husband. On the same evidence, sister-in-law has been acquitted. Vasistha Yadav (PW-3) does not say anything about cruelty caused by Prabhawati soon before death. Ram Pravesh Yadav (PW-4) is father-in-law of informant Lallan Yadav. In examination-in-chief, he does not say anything regarding cruelty caused by Prabhawati. Ram Naresh Yadav (PW-12) negates the demand of motorcycle or cruelty. Since no specific evidence of cruelty for additional demand of dowry by mother-in-law has been found, conviction of mother-in-law cannot be sustained, as such, she deserves to be acquitted. Even trial court has not found any specific role attributable to Prabhawati.
6. So far as case of husband Anil Yadav is concerned, we find that death has taken place within seven years of marriage. There is specific case of demand of Motorcycle and cruelty caused therefor. Cause of death has been found to be asphyxia due to three broken rings of trachea. In these circumstances, presumption may be drawn that dowry death has been caused. Refusal to send the wife to her rela
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