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IN THE HIGH COURT OF ALLAHABAD
VIRENDRA KUMAR SRIVASTAVA, J.
Smt. Phulau @ Phoolwati & Another - Appellants
Versus
State of U.P. - Respondent
Criminal Appeal No. 917 of 2001
Decided On : 18-02-2021
Dowry Death - Prosecution case - Demand of dowry and cruelty - Soon before her death - Live link and proximity between cruelty emanating from dowry demand and death of deceased - Presumption as to dowry death - Independent witnesses - Conduct of the appellants - Unnatural death - Liability of both the appellants - Sentence - Whether just and proper.
Fact of the Case:
Deceased, sister of P.W.1, was married with appellant no.2. Appellant no.1 is mother of appellant no.2. On 08.06.1990, informant (P.W.1) received information through one Ram Krishna Raidas, resident of village Pure Subedar Halmet of Satgawan, (co-villager of appellants) that the deceased had died, due to burn injury on account of setting fire at her in-laws house. On the said information, informant (P.W.1) along with his family members, rushed to the matrimonial house of deceased and found that his sister Geeta was lying dead inside the kitchen, in burnt condition. Police was also present there and when the police took out the dead body of the deceased for inquest proceeding, informant (P.W.1) and other persons present there, saw that several sarees were wrapped in the waist and stomach of the deceased. The informant-(P.W.1) lodged First Information Report (in short 'FIR') (Ex.Ka.1) against the appellants and other co-accused Manju Devi (since deceased during trial), at Police Station Shivratanganj, District Raebareli, on same day at about 17:10 hours, alleging that appellants and other co-accused were torturing and harassing the deceased by making pressure on her parents to transfer the landed property in favour of appellant Bharat Sharan Singh and also demanding she-buffaloes and due to non-fulfillment of the said demand, they had beaten the deceased so many times and had caused her death by setting her ablaze.
Finding of the Court:
Prosecution has succeeded to prove its case that deceased was being harassed and tortured for want of dowry, she had died due to burn injury within seven years of her marriage and she was tortured and harassed due to demand of dowry soon before her death. Appellant no.2-Bharat Sharan Singh has been convicted for offence under Section-498-A IPC for one year rigorous imprisonment with fine of Rs.500/- and for offence under Section 304-B IPC for seven years rigorous imprisonment with further direction that both the sentences shall run concurrently. Thus, the maximum sentence, awarded against the appellant no.2 Bharat Sharan Singh, is for seven years rigorous imprisonment which is minimum sentence for offence under Section 304-B IPC. The punishment awarded by the trial Court, against the appellant no.2 Bharat Sharan Singh, is appropriate and requires no interference and so far as the appeal filed by him is concerned, the same is dismissed and the impugned judgment and order passed by the trial Court, convicting and sentencing the appellant no.2 Bharat Sharan Singh, is affirmed. Appellant no.1 Smt. Phulau @ Phoolwati is acquitted from the charges levelled against her.
Issues: 1. Whether the prosecution has succeeded to prove its case that deceased was being harassed and tortured for want of dowry, she had died due to burn injury within seven years of her marriage and she was tortured and harassed due to demand of dowry soon before her death. 2. Whether the sentence passed by trial Court, is just and proper or not.
Ratio Decidendi: 1. The prosecution has succeeded to prove its case that deceased was being harassed and tortured for want of dowry, she had died due to burn injury within seven years of her marriage and she was tortured and harassed due to demand of dowry soon before her death. 2. The punishment awarded by the trial Court, against the appellant no.2 Bharat Sharan Singh, is appropriate and requires no interference and so far as the appeal filed by him is concerned, the same is dismissed and the impugned judgment and order passed by the trial Court, convicting and sentencing the appellant no.2 Bharat Sharan Singh, is affirmed.
Final Decision: Appeal is partly allowed and the impugned judgment and order is modified to the extent as above.
JUDGMENT :
1. This criminal appeal, under Section 374 (2) Code of Criminal Procedure, 1973 (hereinafter referred to as "Code"), has been filed against the judgment and order dated 28.09.2001, passed by Additional Sessions Judge, FTC No.1, Raebareli in Sessions Trial No.76 of 1991, arising out of Crime No.89 of 1990, Police Station Shivratanganj, District Raebareli, whereby appellant no.1-Smt.Phulau @ Phoolwati and appellant no.2 Bharat Sharan Singh (hereinafter referred to as 'appellants') have been convicted and sentenced for seven years rigorous imprisonment for offence under Section 304-B IPC ; for one year rigorous imprisonment with fine of Rs.500/- each for offence under Section 498-A IPC. It has further been provided that both the sentences of the appellants shall run concurrently.
2. The prosecution case, in brief, is that deceased Smt. Geeta, sister of Ram Narain Singh, (P.W.1), was married with Bharat Sharan Singh-appellant no.2. Appellant no.1 Smt. Phulau @ Phoolwati is mother of appellant no.2. On 08.06.1990, the informant (P.W.1) received information through one Ram Krishna Raidas, resident of village Pure Subedar Halmet of Satgawan, (co-villager of appellants) that the deceased had died, due to burn injury on account of setting fire at her in-laws house. On the said information, informant (P.W.1) along with his family members, rushed to the matrimonial house of deceased and found that his sister Geeta was lying dead inside the kitchen, in burnt condition. Police was also present there and when the police took out the dead body of the deceased for inquest proceeding, informant (P.W.1) and other persons present there, saw that several sarees were wrapped in the waist and stomach of the deceased. The informant-(P.W.1) lodged First Information Report (in short 'FIR') (Ex.Ka.1) against the appellants and other co-accused Manju Devi (since deceased during trial), sister of appellant no.2, at Police Station Shivratanganj, District Raebareli, on same day at about 17:10 hours, alleging that appellants and other co-accused were torturing and harassing the deceased by making pressure on her parents to transfer the landed property in favour of appellant Bharat Sharan Singh and also demanding she-buffaloes and due to non-fulfillment of the said demand, they had beaten the deceased so many times and had caused her death by setting her ablaze.
3. On the basis of written report (Ex.Ka.1), Chik FIR (Ex.Ka.3) was prepared by S.I. Jai Karan Verma (P.W.4) and Case Crime No.89 of 1990, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act (hereinafter referred to as 'D.P. Act') was registered against the appellants and co-accused Manju Devi by making necessary entry in General Diary. Before, the information (Ex.Ka.1) given by P.W.1 at concerned Police Station, an information (Ex.Kha.1) was already given by one Indra Pal Singh, uncle of appellant Bharat Sharan Singh, at 10:15 a.m. on 08.06.1990, regarding death of deceased, alleging that deceased had died due to burn injuries, while she was cooking food. On that information, Station House Officer Gaush Mohd. Khan (P.W.5) proceeded to the place of occurrence, inspected the dead body of the deceased, conducted the inquest proceeding and prepared inquest report (Ex.Ka.4) along with relevant documents (Ex.Ka.5 to Ex.Ka.9), necessary for post mortem examination. P.W.5 also recovered a watch of the deceased, lying near the dead body and prepared recovery memo (Ex.Ka-10). Thereafter, the dead body of the deceased was duly sealed and was sent for post mortem examination along with relevant police papers.
4. Dr. G.K. Srivastava, (P.W.3), Senior Surgeon, District Hospital, Raebareli, conducted post mortem examination on the dead body of the deceased Geeta Devi on 09.06.1990 at 4:30 p.m. and he found following ante-mortem injuries on the body of the deceased:-
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