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2022 Supreme(All) 646

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW)
SIDDHARTHA VARMA, UMESH CHANDRA SHARMA, JJ.
Ajeet Kumar – Appellant
Versus
State of U.P. – Respondents
Criminal Appeal No. 608 of 2014, Criminal Appeal U/S 372 Cr.P.C. No.34 of 2019
Decided on : 27-07-2022

Advocates:
Advocate Appeared:
For the Appellant : Satyaveer Singh, Ram Singh Kushwaha, Ratan Singh, Satya Dheer Singh Jadaun, Smt. Sushila Jadaun
For the Respondent: Satya Dheer Singh Jadaun, Satyaveer Singh

Headnote:

Indian Penal Code, 1860 - Sections 498-A, 304-B, 201, 302/34 - Dowry Prohibition Act - Section 3/4 - Indian Evidence Act - Section 60 and 113-B - Criminal Procedure Code, 1973 - Section 173(2) – Cruelty – Murder/Dowry death – Appeal against conviction - Whether deceased was actually killed or not - First informant tried to find out as to what had happened and had got information that his sister was taken out by appellant from her marital home and had been killed and, therefore, there was a suspicion that appellant had killed his sister. It was stated that prior to lodging of First Information Report, along with all members of family, appellant had killed his sister and had also made dead body disappear. Upon realising that sister of informant had been killed - It is also relevant that when accused were produced for remand under sections 302 and 201 I.P.C., remand was refused by Chief Judicial Magistrate and a case was registered against Investigating Officer which was rejected by the Revisional Court and order was sent to superior authorities for perusal and compliance.

Finding of the court: It is relevant that when accused were produced for remand under sections 302 and 201 I.P.C., the remand was refused by the Chief Judicial Magistrate and a case was registered against the Investigating Officer which was rejected by the Revisional Court and order was sent to the superior authorities for perusal and compliance - Mere factum of unnatural death in matrimonial home within seven years of marriage is not sufficient to convict the accused under Sections 304B/498A. It is only when prosecution proves beyond doubt that deceased (wife of accused) was subjected to cruelty/harassment in connection with dowry demand soon before her death, the presumption under Section 113-B of Act, 1872 can be invoked – Court find that there is no ground for reversing the judgment insofar as it had acquitted Yad Pal and Veda Devi.

Result: Criminal Appeal No.608 of 2014 allowed and Criminal Appeal No.34 of 2019 dismissed.

JUDGMENT :

Umesh Chandra Sharma, J.

1. Criminal Appeal No.608 of 2014 has been filed against the judgment and order of the Additional District & Sessions Judge, Court No.2, Firozabad by which the appellant Ajeet Kumar has been found guilty and punished under section 302 I.P.C. with life imprisonment along with a fine of Rs.10,000/-; under section 304-B I.P.C. with 10 years rigorous imprisonment; under section 201 I.P.C. with three years rigorous imprisonment along with a fine of Rs.5000/-; under section 498-A of I.P.C. with one year simple imprisonment along with fine of Rs.1000/-and under section 4 of Dowry Prohibition Act with six months' imprisonment along with Rs.2000/- as fine. It was further directed that all the punishments of imprisonment were to run concurrently. By the very same judgment the accused Yad Pal and Veda Devi were acquitted.

2. Against the acquittal of accused Yad Pal and Veda Devi, Criminal Appeal No.34 of 2019 had been filed by the appellant Jiledar Singh Verma with a prayer that the opposite party nos.2 and 3 in Criminal Appeal No.34 of 2019 be convicted for offences under sections 498-A, 304-B, 201, 302/34 of I.P.C. read with section 3/4 of Dowry Prohibition Act.

3. Heard Sri Ram Singh Kushwaha, learned counsel for the appellant, learned AGA Sri Vikas Goswami and Sri Satya Dheer Singh Jadaun, learned counsel for the first informant, in Criminal Appeal No.608 of 2014. Sri Satya Dheer Singh Jadaun, Advocate has made his submissions on behalf of the appellant in Criminal Appeal No.34 of 2019 whereas Sri Ram Singh Kushwaha appeared for opposite parties nos.2 and 3.

4. In brief, the facts of the case are as follows :-

Jiledar Singh Verma, PW-1 lodged a First Information Report on 31.7.2010 to the effect that his sister, under mysterious circumstances, had been made to disappear and thereafter killed. It has been stated that he had got his sister married to one Ajeet Kumar, son of Yad Pal, resident of Kadipur (Padham), Police Station Jasrana, District Firozabad on 9.2.2010 as per Hindu rituals. He has stated in the First Information Report that he had, at the time of marriage, given Rs.1,00,000/-in cash and had also given various other commodities worth Rs.1,00,000/-. These commodities were a Motorcycle, gold chain, gold ring, colour television, almirah, palang, sofa set, dressing table and a refrigerator etc. In the First Information Report, it has further been stated that eversince the marriage, the in-laws and the husband of his sister-Asha were demanding Rs.50,000/-for the purchase of a buffalo and a gas-stove. For this purpose, they had on various occasions beaten his sister and on one occasion his sister was also turned-out of the in-laws' house. On 19.6.2010, in the presence of various respected individuals and relatives, the first informant had taken his sister and had also left her there in the in-laws' house. However, despite the intervention of the respected villagers and the relatives, there was no improvement in the manner in which his sister was being treated. In the month of July, 2010 when the daughter of his uncle was to get married, his brother-in-law Ajeet Kumar i.e. the husband of his sister along with his sister had come to the house of the first informant. After the marriage, the couple had gone back to their village. It has also been stated that during the marriage, when Ajeet Kumar and his sister had come to the village of the first informant, Ajeet Kumar had disclosed his evil intentions to various relatives and they had also told the first informant that Ajeet Kumar had told them about his evil intentions of actually murdering his sister after they went back home after the marriage. When the relatives had told the first informant about the evil intentions of Ajeet Kumar, he got worried and when on 20.7.2010 he tried to call Ajeet Kumar, his phone was switched off and when he tried to call his father Yad Pal, he also did not give a satisfactory reply and thereafter he also switched off hi

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