IN THE HIGH COURT OF ALLAHABAD
RAMESH SINHA, DINESH KUMAR SINGH, JJ.
Asha Ram - Appellant
Versus
State Of U.P. - Respondent
Criminal Appeal No. 2416 of 2015, 125 of 2013
Decided On : 10-12-2018
Penal Code, 1960 – Section 302, 304-B and 498-A – Dowry Prohibition Act, 1961 – Section 3 and 4 – Evidence Act,1872 – Section 113-B – Appeal against Conviction – Informant (PW-1) had married his daughter one year prior to appellant no. 1 according to Hindu Rites after given dowry according to his capacity, but appellant no. 1-(husband), appellant no. 2- mother-in-law and father -in-law - appellant no. 3, were not satisfied with said dowry and were demanding C.D., T.V. and a box, by way of additional dowry and due to non-fulfillment of same, they used to harass and beat his daughter-(deceased) – After some time informant brought back deceased to his home and six days prior to incident, accused-appellant no. 1 had taken away deceased and at that point of time, PW-1 had expressed his inability, due to poverty, to provide C.D. etc., thereafter PW-1 (informant) received information that his daughter had died and when he reached his daughter's in-law's home, he found that her dead body was kept on a cot – Alleged accused persons had murdered his daughter for non-fulfillment of demand of dowry – Held, Not identified as to who out of these three persons was responsible for causing her death and conviction has been made with aid of presumption drawn under Section 113-B of Evidence Act as unnatural death has occurred within seven years of marriage – Trial court not framed charge against accused appellants under Section 302 I.P.C. there does not appear any serious injury caused to the deceased before her death as only minor injuries are found on her person, therefore, we deem it proper that it would be appropriate to reduce the punishment of appellant under Section 304-B I.P.C – Trial court awarded punishment on higher side as regards other appellants minimum punishment is awarded – Appeal partly allowed – (Paras: 42 and 43)
Facts of the case:
Appeal against Conviction – Informant (PW-1) had married his daughter one year prior to appellant no. 1 according to Hindu Rites after given dowry according to his capacity, but appellant no. 1-(husband), appellant no. 2- mother-in-law and father -in-law - appellant no. 3, were not satisfied with said dowry and were demanding C.D., T.V. and a box, by way of additional dowry and due to non-fulfillment of same, they used to harass and beat his daughter-(deceased) – After some time informant brought back deceased to his home and six days prior to incident, accused-appellant no. 1 had taken away deceased and at that point of time, PW-1 had expressed his inability, due to poverty, to provide C.D. etc., thereafter PW-1 (informant) received information that his daughter had died and when he reached his daughter's in-law's home, he found that her dead body was kept on a cot – Alleged accused persons had murdered his daughter for non-fulfillment of demand of dowry.
Findings of the court;
Not identified as to who out of these three persons was responsible for causing her death and conviction has been made with aid of presumption drawn under Section 113-B of Evidence Act as unnatural death has occurred within seven years of marriage – Trial court not framed charge against accused appellants under Section 302 I.P.C. there does not appear any serious injury caused to the deceased before her death as only minor injuries are found on her person, therefore, we deem it proper that it would be appropriate to reduce the punishment of appellant under Section 304-B I.P.C – Trial court awarded punishment on higher side as regards other appellants minimum punishment is awarded.
Result: Appeal partly allowed
Dinesh Kumar Singh, J.
1. Heard Sri Noor Mohammad, learned counsel for the appellant in the present appeal as well as in connected Criminal Appeal No. 125 of 2013 and Sri Irshad Hussain, learned A.G.A. for the State.
2. The Criminal Appeal No. 2416 of 2015 has been preferred by the accused-applicant Ashra Ram S/o Jhabbu Lal and Crl. Appeal No. 125 of 2013 by Smt. Seema W/o Jhabbu and Jhabbu S/o Mangre, which arise out of S.T. No. 656 of 2007, (State Vs. Asha Ram and two others), u/s 498-A, 304-B IPC and Section ¾ D.P. Act, P.S. Banda, District Shahjahanpur, pertaining to Crime No. 152 of 2007, wherein the appellants have been held guilty and awarded following punishment and all the sentences are directed to run concurrently:-
3.........
Sr. No.
Name
304-B IPC
498-A IPC
¾ D.P. Act
1
Asha Ram
Life imprisonment
3 Years R.I.,
Fine Rs. 3000/-,
In default of payment of fine, additional imprisonment of 3 months
3 Years R.I.,
Fine Rs. 3000/-,
In default of payment of fine, additional imprisonment of 3 months
2
Smt. Seema
7 years R.I.
2 Years R.I.
Fine Rs. 2000/-,
In default of payment of fine, additional imprisonment of two months
2 Years R.I.
Fine Rs. 2000/-,
In default of payment of fine, additional imprisonment of two months
3
Jhabbu Lal
7 years R.I.
2 Years R.I.
Fine Rs. 2000/-,
In default of payment of fine, additional imprisonment of two months
2 Years R.I.
Fine Rs. 2000/-,
In default of payment of fine, additional imprisonment of two months
4. Since both the appeals arise out of common judgment, they are being taken up together.
5. In brief the facts of the case are that informant, Dharmai Lal (PW-1) had married his daughter, Neeraj Devi, one year prior to the written complaint made by him dated 27.5.2007 to Asha Ram (appellant no. 1) according to Hindu Rites after having given dowry according to his capacity, but the appellant no. 1-Asha Ram (husband), Smt. Seema- appellant no. 2, (wife of Jhabbu Lal) and father of Asha Ram namely, Jhabbu Lal- appellant no. 3, were not satisfied with the said dowry and were demanding C.D., T.V. and a box, by way of additional dowry and due to non-fulfillment of the same, they used to harass and beat his daughter- Neeraj Devi (deceased). After some time, the informant had brought back the deceased to his home and six days prior to the incident, accused-appellant no. 1 had taken away the deceased and at that point of time, the PW-1 had expressed his inability, due to poverty, to provide C.D. etc., thereafter, the PW-1 (informant) received information on the date of making the said written complaint that his daughter had died and when he reached his daughter's in-law's home, he found that her dead body was kept on a cot there. The accused persons had murdered his daughter for non-fulfillment of demand of dowry.
6. Pursuant to the said written report, Ext. Ka-1, Constable Vijay Singh, Head Mohrrir, registered a criminal case against the appellants being Crime No. 152 of 2007, u/s 304-B IPC and ¾ D.P. Act and prepared chick F.I.R. (Ext. Ka-5) and made entry of this case in G.D. (Ext. Ka-6) at report No. 27, time 05:55 hours, on 27.5.2007, whereafter the investigation in the matter was handed over to the C.O., Puvanya, Sri K.P. Singh Yadav, who was first I.O. of this case, who after visiting place of occurrence prepared site plan (Ext. Ka-4) at the instance of the informant and got conducted Panchayatnama of the deceased, a report of which is Ext. Ka-5, prepared letter to C.M.O. (Ext. Ka-8) Challan Nash, Ext. Ka-9, Seal Mohar (Ext. Ka-10), Photo Nash (Ext. Ka-11) and, thereafter, sent dead body of the deceased to district hospital for conducting post-mortem, (P.M. report, Ext. K
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