Mritunjaya @ Tinku vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 762

IN THE HIGH COURT OF ALLAHABAD
KAUSHAL JAYENDRA THAKER, UMESH CHANDRA SHARMA, JJ.
Mritunjaya @ Tinku – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 4017 of 2016
Decided On : 12-07-2023

Advocates:
Advocate Appeared:
For the Appellants : Satya Srivastava, Deena Nath, Manoj Kumar.

Headnote:
Indian Penal Code, 1860 - Section 498-A, 304, B, Part-I or Part-II, 302, 34, 323, 506, 326 - Dowry Prohibition Act 1961 – Section 3, 4 - Code of Criminal Procedure, 1973 - Section 161 - Evidence Act, 1872 - Section 106 – Demand of dowry – Murder offence - Burned to death - Geeta Devi went to her marital house after marriage where family members of her husband started quarreling with her for dowry and also tendered threatening to her - Informant received information that his daughter had been burnt by her in-laws – Held, Court have come to irresistible conclusion that role of appellants is clear from dying declaration and other records - Point which has also weighed with this court are that deceased had survived for around 30 days in hospital and that his condition worsened after around 5 days and ultimately died of septicemia – Court come to definite conclusion that death was due to septicemia - Judgments cited by learned counsel for appellant would permit to uphold finding which Court conclusively hold that offence is not under Section 302 of I.P.C. but is culpable homicide under Section 304 of I.P.C. and, therefore, sentence of accused appellant is reduced to period he has already undergone – Appeal partly allowed.

JUDGMENT :

UMESH CHANDRA SHARMA, J.

1. This appeal has been preferred against the judgment and order of conviction and sentencing dated 25.07.2016 passed by Additional Sessions Judge/Fast Track Court, Jaunpur in S.T. No. 279/2012 (State vs. Mritunjaya @ Tinku) Case Crime No. 275/2012 under Section 498-A, 304-B, 302/34, 323, 506, 326 I.P.C. and Section ¾ of D.P. Act, Police Station - Jalalpur, District - Jaunpur whereby the appellant has been convicted and sentenced to undergo imprisonment for one year with fine of Rs. 1,000/-under Section 498-A I.P.C. to undergo imprisonment for life under Section 304-B I.P.C. and to undergo imprisonment for six months with fine of Rs. 500/-under Section 4 D.P. Act with default stipulation.

2. In brief, facts of the case are that Geeta Devi daughter of the informant Shyammilan was married to Tinku son of Ram Sahai on 13.6.2011 after giving gifts, dowry and other household articles as per his capacity. On 26.5.2012 Geeta Devi went to her marital house after marriage where family members of her husband started quarreling with her for dowry and also tendered threatening to her. After five days when informant alongwith his son and brother-in-law went to the marital house of his daughter, the family members of her husband did not permit to meet with his daughter and started demanding dowry. Anyhow when he met with his daughter, she informed about the maltreatment, cruelty committed by her in-laws and non providing of food to her and when the informant wanted to talk with the family members of his daughter, her husband became angry, her father-in-law started threatening that if Rs. 50,000/ and golden chain are not provided, they shall burn his daughter to death. On 12.6.2017 at about 11-12 P.M., the informant received the information that his daughter had been burnt by her in-laws. He came to District Hospital, Jaunpur and saw that his daughter was in serious condition.

3. Thereafter, he moved the written complaint Ex. Ka-1 whereupon F.I.R. Ex. Ka-2 was lodged and Kayami G.D. Ex. Ka-3, site plan Ex. Ka-6 & 7 were prepared and after recording the statement, charge-sheet Ex. Ka-8, under Section 498A, 323, 506, 326, 304 B I.P.C. and Section ¾ D.P. Act was submitted by the I.O.

4. On 31.8.2012 the case was committed to the Court of Sessions by C.J.M. Jaunpur, where on 7.12.2012 charges were framed in the aforesaid Sections alongwith Section 302/34 I.P.C. The accused persons denied the charges and sought trial, hence, trial began and following witnesses were examined.

1	Shaymmilal	PW1
2	Laxmi Devi	PW2
3	Vidhya Devi	PW3
4	H.C.P. Shailendra Kumar	PW4
5	Dr. Nem Singh	PW5
6	Kamla Prasad	PW6
7	Dr. Udaibhan Singh	PW7
8	C.O., Anand Kumar	PW8
9	Retired Tehsildar Mahadev Singh Yadav	PW9

5. In support of ocular version following documents were filed:

1	Written Report	Ex.Ka1
2	Chick F.I.R.	Ex.Ka.2
3	Corbon G.D.	Ex. Ka.3
4		Ex.Ka.4
5	Dying Declaration of Deceased Geeta Devi	Ex.Ka.5
6	Map	Ex.Ka.6 & 7
7	Charge-sheet	Ex.Ka.8
8	Medical Report of doctor	Ex.Ka.9
9	Inquest	Ex.Ka.10
10	Letters to R.I, C.M.O. and Police Form 13	Ex.Ka.11 to 13

5.1 After closure of the prosecution evidence, statement of the accused persons under 313 Cr.P.C. was recorded who claimed to be innocent. They have further stated that on 12.6.2012 there was marriage ceremony of daughter of their neighbour namely Nand Lal where they had gone. There was a quarrel between the deceased-wife and her husband for living at Aurangabad and when they were busy in the marriage ceremony, at about 7:00 P.M., Kavita came out shouting that 'Geeta Bhabhi got burnt', they immediately came and extinguished fire and took the injured in the Car to Sadar Hospital Jaunpur for treatment. Neither any