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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ramesh Sinha, Dinesh Kumar Singh-I, JJ.
Chaturanan – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 923 of 2014
Decided On : 10-12-2018
Dowry - Criminal Appeal - Section 302, 304-B, 498-A I.P.C. and Section ¾ D.P. Act - [304-B, 498-A I.P.C., ¾ D.P. Act] - The court discussed the essential ingredients of Section 304-B IPC and the burden of proof on the prosecution to establish cruelty or harassment for dowry demand soon before the death of the deceased. The court also highlighted the interpretation of 'soon before' and the presumption under Section 113-B of Evidence Act. The court found that the demand of dowry was not made soon before the death of the deceased, and the conviction under Section 304-B I.P.C. was not sustainable. The court held the accused guilty under Section 302 I.P.C. and dismissed the appeal.
Fact of the Case:
The deceased was married to the appellant in 2002. The appellant and his family members demanded a colour T.V. and Hero Honda Motorcycle from the deceased, leading to her being thrown out of her matrimonial home. She was later found dead, and a case was registered against the appellant under Section 302, 304-B, and 498-A I.P.C. and Section ¾ D.P. Act.
Finding of the Court:
The court found that the demand of dowry was not made soon before the death of the deceased, and the conviction under Section 304-B I.P.C. was not sustainable. The court held the accused guilty under Section 302 I.P.C. and dismissed the appeal.
Issues: The main issue was whether the demand of dowry was made soon before the death of the deceased, as required under Section 304-B I.P.C.
Ratio Decidendi: The court emphasized the need for the prosecution to establish cruelty or harassment for dowry demand soon before the death of the deceased, as per the essential ingredients of Section 304-B IPC. The court also highlighted the interpretation of 'soon before' and the presumption under Section 113-B of Evidence Act.
Final Decision: The court held the accused guilty under Section 302 I.P.C. and dismissed the appeal.
JUDGMENT :
Dinesh Kumar Singh-I, J.
1. Heard Sri Ravindra Sharma, learned Amicus Curiae appearing on behalf of the appellant and Sri A.R. Chaurasia, learned A.G.A. for the State.
2. This Criminal Appeal has been preferred against the judgment and order dated 17.01.2014 passed by Special Judge (E.C. Act) Additional Session Judge, Mainpuri in Session Trial No. 673 of 2008, State Vs. Chaturanan under Section 302, 304-B and 498-A I.P.C. and Section ¾ D.P. Act, P.S. Bichhwa, District Mainpuri pertaining to Case Crime No. 308 of 2008 whereby the accused appellant has been convicted under Section 304 B and 498 A I.P.C. and Section ¾ D.P. Act and has been awarded life imprisonment under Section 304-B I.P.C. three years R.I. and fine of Rs. 3000/-and in default of payment of fine, three months additional imprisonment under section 498-A I.P.C. and one year S.I. fine of Rs. 2,000/- and in default of payment of fine, two months additional imprisonment under Section ¾ D.P. Act and further directed that all the sentences shall run concurrently.
3. In brief, the facts of the case are that brother of the deceased, Avnish (P.W.-1) had married his sister, Smt. Jwala Mukhi in the year 2002 with appellant, Chaturanan S/o Jamwant R/o Karimganj, P.S. Bichhwa, Pargana, Tehsil and District Mainpuri according to Hindu Rites. The appellant (Chaturanan), father-in-law, mother-in-law, brother-in-law and sister-in-law of the deceased all had demanded from the deceased a colour T.V. and Hero Honda Motorcycle many times. About six months prior to lodging the written report on 4.06.2008, because of non fulfilment of the said demand of dowry, she was thrown out of her matrimonial home by the accused persons and had been threatened that if she would not bring these articles, she would be killed. These accused, after the deceased having reached her matrimonial home, were continuously harassing her physically and on 03.06.2008 at about 12:00-01.00 p.m., an information was communicated to P.W.1 that his daughter had been strangulated to death by appellant, Chaturanan (husband), Jamwant (father-in-law), wife of jamwant, Karnweer Singh (mother-in-law), son of Jamwant (brother-in-law), Devrani (wife of Karnweer) all residents Mauja Karimganj, P.S. Bichhwa, District Mainpuri.
4. P.W. 1, Avnish Kumar gave a written report (Exhibit Ka-1) dated 4.06.2008 to S.P., Mainpuri wherein Case Crime No. 308 of 2008 was registered under Section 498-A, 304-B I.P.C. and ¾ D.P. Act against appellant no.1, Chaturanan, father-in-law, Jamwant, Mother-in-law, Karnweer and Devrani on 4.06.2008 at 11.30 a.m. and its chick F.I.R. (Exhibit Ka-12) was prepared and entry of this case was made in G.D. dated 4.6.2008 at Report No. 16 (Exhibit Ka-13) at 11:30 hours. The investigation of the case was handed over to Circle Officer, Vikram Singh, P.W.5 because Circle Officer concerned was sick. He visited the spot where Nayab Tehsildar, Mahendra Singh Kulshreshtha prepared Panchayatnama of the deceased (Exhibit Ka-2). He recorded the statement of the informant and at the instance of informant and other villagers present there, inspected the place of occurrence and prepared its site-plan (Exhibit Ka-10), thereafter, C.O., Rahul Kumar returned after his treatment and conducted the remaining investigation. Dr. Subodh Kumar, P.W.4 along with Dr. Lakhan Singh conducted the post-mortem of the deceased on 4.06.2008 whose dead body was received in sealed condition from Nayab Tehsildar, Bichhwa in which following ante-mortem injuries were found on the person of the deceased:-
(ii) Contusion 6 cm.x 2cm. present over left side of neck in upper part, 3 cm. from left ear.
(iii) Contusion 4 cm.x 3 cm. present on back and outer part of right elbow joint.
(iv) Contusion 3 cm.x 2 cm. present on back of left elbow joint.
(v) Hyoid bone was found fractured and the cause of death was elaborated to be asphyxia as a result of anti-mortem t
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