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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Rekha Dikshit, J.
Om Prakash - Appellant
Vs.
State of U.P. - Respondent
Criminal Appeal No. 31 of 2001
Decided On : 26-07-2018
Dowry Death - Criminal Law - Indian Penal Code, 1860, Section 498A, Section 304B - The judgment discusses the provisions of Section 304B IPC and the essential ingredients of dowry death. It analyzes the evidence presented by the prosecution and the defense, highlighting the lack of specific evidence to establish cruelty or harassment for dowry demand soon before the death of the deceased. The court emphasizes the importance of proving a proximate link between the cruelty and the death, and concludes that the prosecution failed to establish the required elements, leading to the acquittal of the appellants.
Fact of the Case:
The deceased was married in 1991 and allegedly subjected to cruelty and harassment by her in-laws for dowry. She was found burnt alive in 1992, leading to the filing of charges under Sections 498A and 304B IPC.
Finding of the Court:
The court found that the prosecution failed to prove that the deceased was subjected to cruelty or harassment in connection with the demand for dowry soon before her death. It emphasized the lack of specific evidence and the vague nature of the allegations, leading to the acquittal of the appellants.
Issues: The key issue was whether the appellants were guilty of the charges under Sections 498A and 304B IPC based on the alleged cruelty and harassment for dowry demand soon before the death of the deceased.
Ratio Decidendi: The court emphasized the need for specific evidence to establish a proximate link between the cruelty and the death, as required by the provisions of Section 304B IPC. It highlighted the lack of conclusive evidence and the vague nature of the allegations, leading to the acquittal of the appellants.
Final Decision: The appeal was allowed, and the judgment and order convicting the appellants under Sections 498A and 304B IPC were set aside. The appellants were acquitted on the benefit of doubt.
Rekha Dikshit, J.
This appeal assails the correctness of the judgment and order dated 18.01.2001 passed by learned VIIth Additional Sessions Judge, Barabanki in Sessions Trial No.453 of 1992, arising out of Case Crime No.68 of 1992, under Sections 498A, 304B IPC, Police Station Bado Sarai, District Barabanki, whereby the trial court has convicted the appellants-accused namely, Om Prakash, Ram Kumar, Smt. Jalawati @ Jalwanti and Kiran @ Gudiya and sentenced them under Section 498A I.P.C. for one year's rigorous imprisonment with fine of Rs.5,000/-, in default, they shall undergo two months additional imprisonment and under Section 304B IPC for seven years' rigorous imprisonment.
2. The appellant no.2 Ram Kumar died in the year 2001 as per report of the Chief Judicial Magistrate, Barabanki dated 30.04.2011, as such the appeal stands abated against the appellant no.2 Ram Kumar vide order dated 03.05.2011. Now this Court proceeds with the appeal of appellant nos.1-Om Prakash, 3-Smt. Jalawati @ Jalwanti and 4-Kiran @ Gudiya only.
3. In brief, the prosecution case is that the complainant Nanhe lodged a written report on 07.08.1992 around 07.30 P.M. stating therein that he solemnized the marriage of his daughter Sankata Devi with appellant no.1 Om Prakash in ''Vaishya Sammelan' in the month of June 1991, wherein no dowry was either settled. After sometime when his daughter visited his house then she narrated the torture of her in-laws which included her husband, father-in-law, mother-in-law and sister-in-law in connection with dowry. In the month of April, Ram Kumar, father-in-law, took his daughter away to his own house and at that time the complainant gave him Rs.10,000/- and assured him to give demanded articles later on. His daughter wrote a letter to him stating the torture of her in-laws but he could not visit her house. On 06.08.1992, he was informed by his nephew Shitala Prasad @ Pappu and Shyam Lal that his daughter Sankata Devi has been burnt by her in-laws. On which information, he along with other family members and neighbour rushed to Sadar Hospital, Barabanki, where he found his daughter dead and none of her in-laws were present there. On the aforesaid premise, first information report was lodged at Case Crime No.62/1992 under Sections 498A, 304B IPC against the accused persons.
4. The dead body of the deceased was sent for postmortem, where she was examined by Dr. Suresh Chandra (PW-8) on 07.08.1992, exhibit Ka-5 is the postmortem report, in which antemortem injuries are as follows:
"(i) Sooty blackening of the whole body except foot and lower 1/3 of both legs. Singeing of hair of scalp in the front and upper part, eyebrow, eyelashes axillary hair and pubic hair. Odour of kerosene from the body. Pieces of burnt blouse found attached to the chest and back. 2nd to 3rd degree antemortem burn (90%) sparing lower of legs and feet skin peeling off at places on both upper limb and trunk. There is line of redness at the junction of upper 2/3 and lower 1/3 of both legs."
5. The case was investigated by Shri Tej Bahadur Singh, PW-7 and consequently charge sheet Exhibit Ka-6 was submitted, after completion of investigation, against the accused persons, Om Prakash, Ram Kumar, Smt. Jalawati @ Jalwanti and Kiran @ Gudiya under Section 498A, 304B IPC. The charges were framed under Sections 498A/34, 304B IPC against the appellants, who denied the charges and claimed trial.
6. To bring home the guilt of the appellants, the prosecution has examined as many as eight witnesses.
7. PW-1 Nanhe, complainant of the case, has deposed in his oral testimony that he solemnized his daughter's marriage with appellant no.1 Om Prakash in the year 1991. No dowry as such was settled at the time of marriage since it was in ''Vaishya Sammelan', but later on the in-laws of his daughter demanded cash, T.V., fridge etc. as dowry to which he gave Rs.10,000/- to Ram Kumar and assured to give rest of articles later on, but still his daughter was burnt alive
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