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2019 Supreme(All) 2377
IN THE HIGH COURT OF ALLAHABAD
PRITINKER DIWAKER, RAJ BEER SINGH, JJ.
Shanti Devi and Ors. – Appellants
Versus
State of U.P. – Respondents
Criminal Appeal No. 5995 of 2010
Decided On : 01-04-2019
Advocate Appeared:
For the Appellant : Amit Kumar Srivastava
For the Respondents: B.A. Khan, A.G.A.
The main legal point established is the application of IPC 304-B and Dowry Prohibition Act 3/4 to establish guilt in cases of dowry death and harassment for dowry.
Headnote:
Dowry Death - Harassment for Dowry - IPC 304-B/34, Dowry Prohibition Act 3/4 - The court found the appellants guilty of demanding dowry and harassing the deceased, leading to her death. The court applied the provisions of IPC 304-B and Dowry Prohibition Act 3/4 to establish the guilt of the accused.
Fact of the Case:
The deceased, Geeta Bharti, was married to appellant Ram Veer Mathur, an Indian Army employee. The appellants demanded a four-wheeler vehicle as dowry and harassed the deceased. The deceased was found dead with a gunshot wound at her matrimonial home.
Finding of the Court:
The court found the appellants guilty of demanding dowry and harassing the deceased, leading to her death. The court rejected the defense's claim of suicide and acquitted co-accused Kunwar Pal due to lack of evidence.
Issues: The court analyzed the evidence to determine if the deceased was subjected to cruelty or harassment for dowry, and if the death occurred within seven years of marriage due to such cruelty or harassment.
Ratio Decidendi: The court applied the provisions of IPC 304-B and Dowry Prohibition Act 3/4 to establish the guilt of the accused based on the persistent demand of dowry and harassment of the deceased.
Final Decision: The court upheld the conviction of the appellants under IPC 304-B/34 and Dowry Prohibition Act 3/4, and dismissed the appeal. The court also upheld the sentences imposed on the appellants.
JUDGMENT :
Raj Beer Singh, J.
1. The present appeal arises out of impugned judgment and order dated 25.08.2010 passed by the learned Additional Sessions Judge, Court No. 2, Bareilly in Session Trial No. 1053 of 2003 (State v. Ram Veer Mathur and others), arising out of Crime No. 241 of 2007, under Sections 304-B/34 of IPC and 3/4 of Dowry Prohibition Act, P.S. Kyolidia, District-Bareilly, whereby appellants Ramveer Mathur and Shanti Devi alias Rama Devi have been convicted under Sections 304-B/34 of IPC and 3/4 of Dowry Prohibition Act. Appellant Ram Veer Mathur has been sentenced to Imprisonment for life, while appellant Shanti Devi alias Rama Devi has been sentenced to 7 years rigorous imprisonment. For the offence under Section 3/4 of Dowry Prohibition Act, both the appellants were sentenced to two years rigorous imprisonment with fine of Rs. 2000/- each. In default of payment of fine, they have to further undergo one month additional imprisonment. Both the sentences were directed to be run concurrently.
2. In this case, the name of the deceased is Geeta Bharti. Appellants Ram Veer Mathur and Shanti Devi are husband and mother-in-law of the deceased respectively. As per prosecution version, the marriage of Geeta Bharti was solemnised on 20.04.2007 with appellant Ram Veer Mathur, who was working in Indian Army. After some days of marriage, the appellants started demanding a four wheeler (Bolero) vehicle while the complainant has given Rs. 3,15,000/- in cash for a four wheeler vehicle, besides other articles worth Rs. 2,00,000/- in the marriage itself. The appellants-accused harassed the deceased on account of dowry. On 14.09.2007 at about 7:00 a.m., the complainant was informed on the mobile phone by accused Ram Veer Mathur that the deceased has gone somewhere, while he (Ram Veer Mathur) was going to resume his duty. The complainant along with his family members and relatives reached at the matrimonial house of the deceased but the family member of her in-laws were not present there. The dead body of the deceased was lying in the verandah and she has sustained a bullet on her head.
3. Complainant/PW-1 Om Prakash submitted a written report Exhibit Ka-1 at Police Station Kyolidia, alleging the above stated facts and on the basis of the complaint exhibit Ka-1, the present case was registered on 14.09.2007 at 4:00 p.m. against the appellants Ram Veer Mathur, Smt. Shanti Devi alias Rama Devi as well as against Ramavtar, Narendra Pal and Kunwar Pal vide FIR Exhibit Ka-5.
4. The inquest proceedings of the deceased were conducted on the same day at 5:00 p.m. and the inquest report Exhibit Ka-9 and other related documents were prepared. The dead body of the deceased was sealed and was sent for the post-mortem.
5. The post-mortem on the body of the deceased was conducted on 15.09.2007 at 2:30 p.m. by PW-4 Dr. K.B. Pathak at District Hospital, Bareilly, vide Exhibit Ka-4. As per Autopsy Surgeon, the following anti mortem injuries were found on the body of deceased Geeta Bharti:--
(i) Fire arm wound of entry of size 2.0 x 2.0 cm x brain cavity deep on left side of head in parietal (Lt.) region, 4.0 cm above Lt. Ear Pinna; margins inverted, singing of surrounding 1 cm area around wound present. Blackening, tattooing present.
(ii) Fire arm wound of exit-triangular in shape size 22.0 x 14.0 x 12.0 cm brain cavity deep, Brain matter exploded out partly and partly present in cranial cavity. The site of this exit wound and is on Rt. side of forehead and head, 4.0 cm above right ear and 2.0 cm above right eyebrow cranium fractured; margins inverted.
6. The cause of death of the deceased was coma due to ante-mortem firearm injury sustained in head region.
7. The investigation of the case was conducted by PW-5 Madan Lal, Circle Officer, Nawabganj. He recorded the statements of witnesses and prepared site plan of the spot, vide Exhibit Ka-5. One cartridge of 315 bore was seized from the spot, vide exhibit Ka-2. Samples of simple as well as blood-stained
