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IN THE HIGH COURT OF ALLAHABAD
KAUSHAL JAYENDRA THAKER, GAUTAM CHOWDHARY, JJ.
Pradeep Kumar - Appellant
Versus
State of U.P. - Respondent
Criminal Appeal No. 2324 of 2014
Decided On : 12-02-2021
Dowry - Criminal Law - IPC 498A, 304B, 302/34, Dowry Prohibition Act 3/4 - The court discussed the provisions of IPC 302, 304 Part-I, and 304 Part-II in the context of the evidence and medical reports. The court converted the conviction under Section 302 of the Indian Penal Code to conviction under Section 304 (Part I) of the Indian Penal Code and sentenced the appellant to undergo 10 years of incarceration with a reduced fine.
Fact of the Case:
The case involved the death of the appellant's sister-in-law due to burns sustained in her matrimonial home. The appellant was convicted under Section 302 I.P.C. and sentenced to life imprisonment. The court acquitted the accused appellant of offences under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act due to lack of evidence.
Finding of the Court:
The court found that the deceased died due to septicemia as a result of thermal burns. The evidence and medical reports supported the guilt of the appellant in setting ablaze his wife. The court converted the conviction under Section 302 of the Indian Penal Code to conviction under Section 304 (Part I) of the Indian Penal Code and sentenced the appellant to undergo 10 years of incarceration with a reduced fine.
Issues: The issues revolved around the cause of the deceased's death, the evidence presented by the prosecution, and the appropriate section of the Indian Penal Code under which the appellant should be convicted.
Ratio Decidendi: The court considered the medical evidence, dying declaration, and witness testimonies to determine the cause of death and the guilt of the appellant. It applied the provisions of IPC 302, 304 Part-I, and 304 Part-II in reaching its decision.
Final Decision: The court partly allowed the appeal, converted the conviction under Section 302 of the Indian Penal Code to conviction under Section 304 (Part I) of the Indian Penal Code, and sentenced the appellant to undergo 10 years of incarceration with a reduced fine. The appellant-accused was granted release after serving the specified term.
JUDGMENT :
1. This appeal has been preferred against the Judgment and order dated 29.5.2014 passed by learned Additional Sessions Judge, Court No. 4, Aligarh in Sessions Trial No. 892 of 2011, State Vs. Pradeep Kumar and another, arising out of Case Crime No.8 of 2011 under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Harduaganj, District Aligarh.
2. Facts in short as culled out from the prosecution story are that on 16.1.2011 first informant moved a written report at Police Station Harduaganj, District Aligarh alleging that on 25th February 2008 he solemnized the marriage of his sister Rashmi with Pradeep Kumar giving 10 tola gold ornaments, T.V., fridge, washing machine, bed, almirah, sofa, etc. and 4 lakh rupees in cash as dowry. But, father of accused-appellant, namely, Rishi Pal was not happy with the dowry given and used to harass his sister and demand motor cycle. When his sister asked the first informant to give motor cycle otherwise they will kill her, the first informant said that he will give motor cycle on which they told him as to why less money was given while deal was of Rs.6 lakhs. It is further alleged that they send his sister many times to informant's home and she lived with him for many months. Sister of the first informant told that her sister-in-law Neetu. Sushama, father-in-law Rishipal and husband Pradeep colluding themselves used to commit mar peet with her. On 6.1.2011 first informant came to know that her sister was killed by her in-laws pouring kerosene oil and setting her ablaze. On information, when first informant and some persons of village reached village Samastpur, his sister was not there. They came to know that she was admitted in Aligarh Medical College. Reaching there, they found that his sister was struggling hard in between life and death. First informant took her out from Medical College and got admitted in Jeevan Hospital. None of her in-laws came at neither Medical College nor Jeevan Hospital to see her. He asked his sister as to how she suffered who told him that brother as told by her already for giving them motor cycle if he wanted to keep her alive, on account of not giving motor cycle, at about 5.00 p.m. her sister-in-law Sushama and Neetu caught her hold and father-in-law exhorted what was being looked at on which her husband Pradeep poured kerosene oil from cane; stroke the matchstick and threw it upon her; her clothes caught fire; when she raised alarm, neighbours converged the place and extinguished the fire but her in-laws were only seeing her and waiting for her death and they along with some villagers dropped her at Medical College and rushed away. It is further alleged that during treatment, on 14.1.2011 at about 9.15, she died. On 15.1.2011, post mortem of her person was conducted and after performing her last rites, he had gone to police station for getting report lodged.
3. With regard to the aforesaid incident which occurred on 6.1.2011 at about 21.15, the police registered Case Crime No. 8 of 2011 under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act on 16.1.2011 at 17.30. Police started investigation and after investigation, charge sheet was submitted in the court.
4. Trial Court on 23.8.2012 framed charges under Sections 498A, 304B, 302/34 I.P.C. and Section 3/4 of the Dowry Prohibition Act. The accused pleaded not guilty and claimed to be tried.
5. In order to bring home the charges, prosecution examined as many as eleven witnesses, namely, P.W. 1 Satish Kumar (first informant); P.W. 2 Viresh Kumar (brother of deceased); P.W.3 Chandravir (brother of deceased); P.W. 4 Manoj Kumari (bhabhi of the deceased); P.W. 5 Mamta Devi (bhabhi of the deceased); P.W. 6 Smt. Kusuma Devi (mother of the deceased) and as formal witnesses P.W.7 Shyam Mohan Pathak, Retired Additional City Magistrate-I; P.W.8 Dr. Amit Agrawal; P.W. 9 Head Co
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