Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SURESH KUMAR GUPTA, J.
Satyawan – Appellant
Versus
State of U.P. – Respondent
CRIMINAL APPEAL No. - 1871 of 2019
Decided on : 01-07-2022
Indian Penal Code, 1860 - Section 304-B and 498-A - Dowry Prohibition Act - Section 113 B - Evidence Act, 1872 – Criminal Appeal against the judgment and order - Presumption as to dowry death – Causing death by negligence - Husband or relative of husband of a woman subjecting her to cruelty - Held, It is well settled law that when the discretion has been granted to the learned trial Judge, if the same is not arbitrarily, capriciously or perversely but has been properly exercised by accepted judicial norms, the appellate court ought not to interfere to detriment of the accused person unless there are very strong reasons which are not disclosed on face of the judgment for the lesser punishment - Considering the above prepositions of law and facts and circumstances of the present case, Court of view that the appellant is in jail since commencement of trial and seven years have already elapsed. So, in the intersest of justice it would be appropriate to reduce the sentence from 10 years to 8 years with all remission under Section 304-B and 498-A I.P.C. and Section 4 of the D.P. Act – Appeal dismissed.
JUDGMENT :
SURESH KUMAR GUPTA, J.
1. This criminal appeal has been filed under Section 374 (2) Cr.P.C. against the judgment and order dated 31.8.2019 in S.T. No. 502 of 2015 passed by Additional Sessions Judge, Court No. 4/Special Judge E.C. Act, Sitapur convicting and sentencing the appellant to undergo 10 years rigorous imprisonment under Sections 304-B I.P.C and 498-A I.P.C. and two years rigorous imprisonment for offence under Section 4 D.P. Act. The appellant was sentenced with fine of Rs. 10,000/-and in default of payment of fine three months additional rigorous imprisonment and all the sentences shall run concurrently.
2. Brief facts of the case are that the complainant @ Sonelal lodged the written report with allegation that her daughter-Sharmila aged about 25 years was married with appellant-Satyawan four years back of the incident as per Hindu rites and rituals. During marriage he has given sufficient dowry according to his financial capacity but the appellant's family was not satisfied with the dowry. After the marriage on account of additional demand of dowry, Rakesh Kumar (Pinku), Narendra Kumar, Satyawan, Ajai Kumar, Jitendra Kumar, Manu, Suresh Chandra and Reshmavati used to harassment and torture to her daughter. The complainant tried to pacify this matter but they continuously harassed her daughter. On 8.6.2015 at about 1:00 p.m. aforesaid persons inflicted injuries to her daughter for demand of dowry and she was done to death by pressing her mouth.
3. On the basis of written report the F.I.R. was lodged against the appellant-Satyawan and other co-accused persons-Rakesh Kumar (Pinku), Narendra Kumar, Ajai Kumar, Jitendra Kumar, Manu, Suresh Chandra and Reshmavati as case crime no. 128 of 2015 under Sections 498-A, 304-B I.P.C. and 3/4 of the D.P. Act. Before the investigation of this case, inquest of the dead body was done by Rajesh Chandra, Tehsildar, Mahmudabad, Sitapur on 8.6.2015 in presence of inquest witnesses. Inquest report was marked as Exbt. Ka-6. As per opinion of the punches witnesses cause of death could not be ascertained, therefore, the dead body was sent to District Hospital for autopsy.
4. P.W.5-Dr. Arun Kumar as well as Dr. Rakesh Kumar has conducted post-mortem of the dead body of the deceased on 9.6.2015 in District Hospital, Sitapur and prepared post-mortem report Exbt. Ka-4 in which the doctor found the age of the deceased about 25 years and height of the deceased about 161 cm. and body was average. On external examination eye was found congested. Both the nostrils were full with blood. The following ante mortem injuries were found on the body of the deceased:-
(i) Abraded contusion 5cm. x 3cm. present on left side of face.
(ii) Linear abrasion just abut zygomatic. area
(iii) Contusion 3cm. x 2 cm. on right side of face.
(iv) Contusion 4 cm. x 3 cm. on back of head right side of right ear.
(v) Abrasion 1.5 cm. x 1.5 cm. on right ankle joint.
During internal examination all the organs was congested and in the stomach 100ml food was present, which was preserved. Deceased was not pregnant. Deceased was died about one day ago. Cause of death was asphyxia and possibility of smothering was shown. For actual cause of death viscera was preserved. The post-mortem report was marked as Exbt. Ka-4.
5. The Investigating Officer-Vijai Bahadur Singh (P.W.-3) after collecting necessary papers conducted the investigation and prepared the site plan as Exbt. Ka-2 on behest of the complainant/informant. He also recorded the statement of the complainant and other witnesses. After completing all the formalities the Investigating Officer submitted the charge sheet on 2.7.2015 against Satyawan, Rakesh Kumar (Pinku), Narendra Kumar, Suresh Chandra and Reshmavati under Sections 498-A, 304-B I.P.C. and 3/4 of the Dowry Prohibition Act and exonerated Ajai, Jitendra and Manu (son of Suresh Chandra) and case was committed to the court of Sessions Judge, where it was registered as S.T. No. 502 of 2015. The case was transferred for
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
