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IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
D.K. Upadhyaya, Mohd. Faiz Alam Khan, JJ.
Prabhat Krishna Verma - Appellants
Vs.
State of U.P. - Respondent
Criminal Appeal No. 277 of 2011
Decided On : 18-03-2020
Code of Criminal Procedure, 1973 – Section 313 – Penal Code, 1860 – Sections 498-A, 326, 304 and 506 – Death – Order of Conviction – Prosecution case as borne out from record of trial Court is that informant submitted a written application to Senior Superintendent of Police, stating therein that the marriage of her sister Smt. Rekha Devi was solemnized with appellant. – Some persons from village came to his house and informed him that about 4-5 days ago, husband of her sister had burnt his sister by pouring kerosene oil and she was admitted at District Hospital. – He, immediately went to the District Hospital, along with his family, where his sister informed him and his family members that at about 9 pm. her husband, on the instigation of her mother-in-law, father-in-law, burnt her by pouring kerosene oil and after threatening her of the life of her children got her statement recorded to the tune that she had received burn injuries when she was cooking food – Criminal Appeal has been preferred by the appellant against the judgment and order passed by Additional Sessions Judge, Court passed in Sessions Trial arising out of Case Crime under Sections 498-A, 326, 304 and 506 of I.P.C., relating to Police Station whereby the appellant has been convicted under Section 302 and 498-A I.P.C. and has been sentenced for life imprisonment and 03 years' rigorous imprisonment, respectively with fine stipulation. – Held, Courts view finds support from the law propounded in State of Gujarat vs. J.P. Varu reported in 2016 Cr.L.J. 4185 (Supreme Court) by the Supreme Court wherein it is held that the prosecution has to prove the guilt of the accused beyond all reasonable doubts and it is also the rule of justice in criminal law that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other towards his innocence, the view which is favorable to the accused should be adopted. – Therefore if two possible views could be inferred, as in this case, the view favourable to the accused should be adopted. – Hence it could safely be inferred that appellant did not intend to cause the death of deceased. – There was no intention to cause death and the medical opinion was not certain as to whether the injuries, caused with intention, would have been sufficient to cause the death in the ordinary course of nature or not. But, the medical opinion was to the effect that the injury is likely to cause death. – Hence death was a remote consequence. – It was because of these reasons that the Hon'ble Supreme Court held that the offence would fall only under Section 304 I.P.C. – Court is also of the considered view that appellant was not having any intention to cause death of his wife and immediate cause of the death of the deceased was acute infection and formation of infected and toxic pus in her lungs which might be due to not providing her adequate medical treatment. – Appeal filed by the appellant is partly allowed. – His conviction under Section 302 I.P.C. is hereby set-aside and he is now convicted under Section 304-II of I.P.C. and having regard to the evidence available on record, is sentenced to undergo rigorous imprisonment for 10 years with fine of Rs. 15,000/- and in default of payment of fine, to undergo further simple imprisonment for one year. – Appeal Partly Allowed
ORDER :
1. Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record of the trial Court.
2. This Criminal Appeal has been preferred by the appellant-Prabhat Krishna Verma @ Babloo against the judgment and order dated 18.01.2011 passed by Shri O.P. Tripathi, Additional Sessions Judge, Court No. VIII, District Faizabad passed in Sessions Trial No. 525 of 2008, arising out of Case Crime No. 841 of 2008, "State of U.P. Vs. Prabhat Krishna Verma" under Sections 498-A, 326, 304 and 506 of I.P.C., relating to Police Station Maharaj Ganj, District Faizabad, whereby the appellant has been convicted under Section 302 and 498-A I.P.C. and has been sentenced for life imprisonment and 03 years' rigorous imprisonment, respectively with fine stipulation.
3. The prosecution case as borne out from the record of the trial Court is that informant Mahendra Kumar Verma submitted a written application (Exhibit-ka-1) to Senior Superintendent of Police, Faizabad (Now Ayodhya) stating therein that the marriage of her sister Smt. Rekha Devi was solemnized with appellant. On 20.07.2008 some persons from village Chandanpur came to his house and informed him that about 4-5 days ago, husband of her sister namely Prabhat Krishna Verma @ Babloo had burnt his sister by pouring kerosene oil and she was admitted at District Hospital, Faizabad. He, immediately went to the District Hospital, Faizabad along with his family, where his sister informed him and his family members that on 16.07.2008 at about 9 pm. her husband Prabhat Krishna Verma @ Babloo, on the instigation of her mother-in-law, Vidyawati, father-in-law, Premnath and 'Nanad', Pramila @ Dali, burnt her by pouring kerosene oil and after threatening her of the life of her children got her statement recorded to the tune that she had received burn injuries when she was cooking food. It was further stated in the application that on 03.07.2008 or a day or two before or after 03.07.2008 his sister had informed him about the cruelty committed by her in-law's on his Telephone No. 9450496100. On getting this information, he went to the house of his sister and persuaded his sister as well as her husband not to beat her. His sister was admitted in District Hospital, Faizabad and was hanging between life and death.
4. On an order passed by the S.S.P. Faizabad on this application on 23.07.2008, First Information Report was lodged at Police Station Maharajganj, Faizabad against above mentioned accused persons at Case Crime No. 841 of 2008, under Sections 498-A/326/506 of I.P.C. on 23.07.2008 at 15:20 hours and a Chick F.I.R. (Exhibit-ka-13) was written, substance of which was also entered in G.D. (Exhibit-ka-14).
5. Investigation of the case was entrusted to Sub Inspector Shri M.P. Singh, who after recording the statement of informant Mahendra Kumar Verma went to the District Hospital, Faizabad for the purpose of recording the statement of the deceased, who at that point of time was injured, but she was not found fit for recording of her statement. He also recorded the statement of the father of deceased namely Ram Surat Verma and also of Hari Shankar. He also inspected the spot at the pointing of Hari Shankar and also prepared Site Plan (Exhibit-ka-12) and recorded the statement of the villagers.
6. At the time of her admission at District Hospital, Faizabad on 17.07.2008, the injured/deceased Smt. Rekha Devi was medically examined and was found about 80 % burnt and as per the bed head ticket Smt. Rekha Devi succumbed to the injuries on 23.07.2008 at 11:45 pm. and an information to this effect was sent by the Ward Boy Sunil Dubey, District Hospital, Faizabad, substance of which was recorded in the G.D. of the Police Station dated 24.07.2008, on the basis of which, the investigation of the case was converted under Section 304 I.P.C. vide G.D. Entry No. 27, Time 16:20 hours dated 21.08.2008 (Exhibit-ka-15).
7. Naib Tehsildar, Anil Kumar Rastogi got the inquest report of the dead body of
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