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2019 Supreme(All) 353
HIGH COURT OF JUDICATURE AT ALLAHABAD
PRITINKER DIWAKER, RAJ BEER SINGH, JJ.
Babloo Alias Ranjit - Appellant
Versus
State of Uttar Pradesh - Respondent
Criminal Appeal No. 1881, 405 of 2008
Decided On : 12-03-2019
K.K. Tiwari, Adv., B.A. Khan, Adv.
The judgment established the importance of proving a proximate link between acts of cruelty based on dowry demand and the death of the victim, and highlighted the need for evidence to support allegations of dowry-related offenses.
Headnote:
Dowry Death - Criminal Law - Section 498-A, Section 304-B of IPC - Summary of Acts and Sections
Fact of the Case:
The deceased, Nisha, was married to Babloo alias Ranjit and died by hanging herself. The accused were convicted under Sections 498-A and 304-B of IPC. The prosecution alleged dowry demands and harassment leading to the death, while the defense argued suicide due to the husband's illicit relationship.
Finding of the Court:
The court found that the basic ingredients of Section 304-B of IPC were not established, and the conviction under this section was set aside. However, the court found the accused guilty under Section 498-A of IPC and reduced their sentences.
Issues: The main issues were the alleged dowry demands and harassment leading to the death, and the applicability of Section 304-B of IPC.
Ratio Decidendi: The court emphasized the need for a proximate link between the acts of cruelty based on dowry demand and the death of the victim, and found that the evidence did not establish this link. The court also considered the possibility of suicide due to the husband's illicit relationship.
Final Decision: The accused were acquitted under Section 304-B of IPC, but convicted under Section 498-A of IPC with reduced sentences.
PRITINKER DIWAKER, J.
1. As these appeals arise out of a common judgment and order dated 16.01.2008 passed by the learned Additional District and Sessions Judge, Court No. 02, Kanpur Dehat in Sessions Trial No. 386 of 2006, (State Vs. Babloo alias Ranjit and others) convicting accused persons, namely, Babloo alias Ranjit, Shiv Prasad and Smt. Kallo under Sections 498-A and 304-B and sentencing them to undergo imprisonment for life with fine of Rs. 10,000/- each, in default thereof, one year additional simple imprisonment, they are being disposed of by this common order.
2. In the present case, name of the deceased is Nisha, wife of the accused Babloo alias Ranjit. Their marriage was solemnized sometime in the year 2004 and she died unnatural death on 10.05.2006 by hanging herself. Accused Shiv Prasad is the father-in-law of the deceased, whereas accused Smt. Kallo is her mother-in-law. On 10.05.2006, deceased died after hanging herself in her bedroom. The door of the room, after breaking its lach, was opened and the body was pulled down from the ceiling fan, but by the time the deceased was already dead. On 11.05.2006, based on the written report lodged by PW-1 Jaipal, F.I.R. Ex.Ka.12 was registered against the appellants under Sections 498-A and 304-B of IPC. Inquest on the dead body of the deceased was conducted, vide Ex.Ka. 2, on 11.05.2006, and the body was sent for postmortem, which was conducted on 12.05.2006, vide Ex. Ka. 14, by PW-5 Dr. Ravindra Prakash Mishra.
3. As per Autopsy Surgeon, the following injuries were noticed on the body of the deceased:
"Ligature mark around the neck - 3 cm; 6 cm gap around the neck left side width of ligature mark 1/2 cm; 5 cm below chin and below right ear; 3 cm below left ear
- abraded contusion on chin 3 cm x 2 cm
- abraded contusion 1 1/2 cm x 1 cm
- contusion swelling on the face
- abraded contusion multiple 3 cm x 2 cm on left lower arm
- 2 cm below wrist join, - abraded contusion 5 cm x 1 1/2 cm"
The cause of death was 'asphyxia', as a result of hanging.
4. While framing charge, the trial Judge has framed charge against the accused persons under Sections 498-A and 304-B of IPC.
5. So as to hold the accused persons guilty, prosecution has examined five witnesses whereas, four defence witnesses have also been examined. Statements of the accused persons were also recorded under Section 313 of Cr.P.C., in which they pleaded their innocence and false implication.
6. By the impugned judgment, the trial Judge has convicted all the accused under Sections 498-A and 304-B of IPC and sentenced them as mentioned in paragraph 1 of this judgment. Hence this appeal.
7. Counsel for the appellant submits:
(i) that there is no eye witness account to the incident and the appellants have been convicted solely on the basis of weak circumstantial evidence.
(ii) that as accused No. 1 Babloo alias Ranjit husband of the deceased was having illicit relation with the sister of the deceased, deceased was unhappy and out of anger she committed suicide.
(iii) that the statements of PW-1 Jaipal and PW-2 Smt. Rajrani are not trustworthy and from their statements, the basic ingredients of Section 304-B I.P.C. are not attracted.
(iv) that there is sufficient evidence on record that the deceased committed suicide in her bedroom. After breaking the latch of the room, body was pulled down from the ceiling fan. Though certain injuries have been found on the body of the deceased but the Autopsy Surgeon has categorically stated that those injuries could be because of rubbing and scratching.
(v) that even taking the entire prosecution case as it is, at best, appellants can be convicted under Section 498-A and not under Section 304-B of IPC, as has been done by the trial Court. The appellant Babloo alias Ranjit is in Jail since 16.05.2006, whereas remaining two accused persons, namely, Shiv Prasad and Smt. Kallo have already remained in jail for more than one month.
8. On the other hand, supporting the impugned judgment and order
