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2020 Supreme(All) 469
IN THE HIGH COURT OF ALLAHABAD
Suresh Kumar Gupta, J.
Neeraj – Appellant
Versus
State of U.P. – Respondent
Jail Appeal No. 501 of 2018
Decided On : 03-03-2020
Advocate Appeared:
For the Appellant : From Jail, Deepak Kumar, Satyendra Narayan Singh, Subhash Chandra Pandey
Point of Law:
Once prosecution proved that where the death of the woman which was occurred otherwise under normal circumstances within 7 years of her marriage and she was subjected to cruelty and harassment by her husband and relatives of her husband soon before her death in connection with the demand of dowry, then heavy burden of proof lies upon accused to adduce evidence disbelieving his guilt, beyond reasonable doubt
Headnote:
Penal Code, 1860 – Sections 498A, 304-B, 302 IPC & ¾ - D.P. Act – Section ¾ - Demand of Dowry – Cruelty and harassment – Abatement of Suicide – Appeal against conviction - Held, prosecution is able to prove his case against the appellant. The appellant accused Neeraj for the offence punishable under section 498A, 304B and 4 of D.P. Act beyond shadow of doubt, so far as with regard to the prayer of the appellant for reduction of the sentence of appellant-accused is concerned it is not a case of suicidal death but the case is of homicidal death – Appeal dismissed
Facts of the Case:
Due to this appellant’s family used to harass and assaulted her on two occasion due to nonfulmilment of demand of motorcycle they ompel his sister to leave the matrimonial home. Appellant had taken her back to his house after persuasion, but they continued to stick with their demand of motorcycle and often beat to his sister. On the fateful night of 20/21.09.2012 some unknown time her husband Neeraj, Mahendra, Usha, Radha and Dungar Singh had committed murder to his sister by hanging.
Finding of the Court:
Prosecution is able to prove his case against the appellant. The appellant accused Neeraj for the offence punishable under section 498A, 304B and 4 of D.P. Act beyond shadow of doubt, so far as with regard to the prayer of the appellant for reduction of the sentence of appellant-accused is concerned it is not a case of suicidal death but the case is of homicidal death
Result: Appeal dismissed
JUDGMENT :
1. This jail appeal has been preferred against the judgment and order dated 17.07.2018 passed by Additional Sessions Judge, Court No. 4, Moradabad, in S.T. No. 70 of 2013 (State Vs. Neeraj), arising out of case crime No. 481 of 2012, under Sections 498A, 304-B, 302 IPC & 3/4 of D.P. Act, Police Station-Bilari, District Moradabad convicting and sentencing the appellant u/s 498A for 2 years rigorous imprisonment and fine of Rs. 5,000/- , in default of payment of fine 2 months additional rigorous imprisonment, under section 304-B IPC, 10 years rigorous imprisonment and u/s 4 D.P. Act 1 year rigorous imprisonment and fine of Rs. 5,000/- in default of payment of fine two months rigorous imprisonment. Further order that out of recovery of fine 50% money shall be given to the brother of deceased Om Prakash @ Sonu and all the sentence shall run concurrently.
2. Brief facts of the case are that the complainant Om Prakash @ Sonu lodged the FIR by giving written report with the allegation that his sister Lokesh aged about 24 years was married with appellant Neeraj five years back of the incident as per Hindu rites and rutuals. During marriage, he has given sufficient dowry according to his financial capacity, but appellant’s family was not satisfied with dowry. Thereafter appellant Neeraj, his elder brother Mahendra, his wife Usha, mother-in-law Radha and father-in-law Dungar Singh used to harassment and torture to his sister by demanding motorcycle as additional dowry. Due to poor financial condition of the complainant’s family they, were unable to fulfill their demand of motorcycle. Due to this appellant’s family used to harass and assaulted her on two occasion due to non-fulmilment of demand of motorcycle they ompel his sister to leave the matrimonial home. Appellant had taken her back to his house after persuasion, but they continued to stick with their demand of motorcycle and often beat to his sister. On the fateful night of 20/21.09.2012 some unknown time her husband Neeraj, Mahendra, Usha, Radha and Dungar Singh had committed murder to his sister by hanging. The dead body was lying at the house of his brother-in-law in village Gataura and all family members including husband of the deceased fled away. On this allegation FIR Ext Ka-4 was lodged at police station Bilari by the complainant on 21.09.2012 at 04.30 p.m., as a case crime no. 481 of 2012, under sections 498A, 304B IPC and ¾ D.P. Act. The distance of the police station is 15 Kms.
3. Before the investigation of the case inquest was done by P.W. 7 Abhay Kumar Singh in presence of inquest witness. Inquest report was prepared by P.W. 7 Abhay Kumar Singh, Tehsildar, and cause of death could not be ascertained so as per opinion of Panch, the dead body was sent to the district hospital for autopsy of deceased Smt. Lokesh.
4. P.W. 3 Dr. S.K. Chaudhary has conducted the postmortem of dead body of the deceased on 22.09.2012 at 12.30 p.m. at District Hospital Moradabad, and prepared postmortem report Ext Ka-3, in which doctor found the age of the deceased was about 24 years and the eye and mouth of the decease was closed, bleed from both intestine. Face congested. Following antemortem injury were found on the person of deceased:-
1. Abraded contusion 15cm x 3cm front of neck extending to left side of neck 4cm below chin, 5cm below left year and 9cm below right ear of lobule subcutaneous tissue under injury mark ecchymosed.
2. Abraded contusion 7cm x 3 cm back of middle of left side of chest.
3. Abraded contusion 6cm x 3cm back of abdomen on left side, 16cm away from injury no. 2.
5. Hyoid Bone fractured. Larynx and Vocal Cords congested. Both lungs congested. Stomach (wall condition, Contents & smell) 200 grms pasty food material. Small intestine chyme & gasses was present.
Cause of death due to Asphyxia as a result of antimortem strangulation. Time of death about 1 and ½ day old.
The post-mortem report is on record and marked as Ext. Ka-3
6. Investigating officer, Pankaj Kumar Pan
