IMPORTANT POINT
The prosecution must prove beyond reasonable doubt the elements of dowry demand and cruelty to secure a conviction under IPC Sections 498A and 304B; mere suspicion is insufficient for conviction.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Instant Government Appeal and Criminal Revision have arisen out of same judgment and order dated 08.07.1997 passed by learned Additional Sessions Judge/ Special Judge, Aligarh in S.T. No. 834 of 1993 State Vs. Ativeer Singh and Others and S.T. No. 642 of 1994 State Vs. Udai Pratap Singh, Case Crime No. 62 of 1993, Police Station Sikandara Rau, then District Aligarh under Section 498-A and 304-B of IPC. By the impugned order learned trial court has disposed of both the connected sessions trial and acquitted all the accused persons namely Udai Pratap Singh, Ativeer Singh Chauhan, Smt. Vimlesh, Kumari, Archana and Ajai Pratap Singh for charges under sections 498A and 304-B IPC.

2. From perusal of the record it appears that respondent No. 1 Ativeer Singh died during the pendency of instant Criminal Government Appeal and Appeal was directed to be abated, qua respondent No. 1 vide order dated 27.05.2015 passed by this Court. Similarly respondent No. 2 Smt. Vimlesh in instant Government Appeal also died during the pendency of appeal, and vide order dated 06.04.2022 the Government Appeal was directed to be abated in respect of said respondent No. 2 Smt. Vimlesh. Thus the instant Government Appeal and Criminal Revision have been heard in respect of respondent Nos. 3, 4, and 5 namely Kumari Archana, Ajai Pratap Singh and Udai Pratap Singh.

3. Heard learned A.G.A. Sri Rahul Asthana counsel for the appellant-State and Sri Gopal Swaroop Chaturvedi, learned Senior Counsel assisted by Sri Alok Ranjan Mishra, for appellant-State, learned Counsel appearing for Revisionist/complainant Sri Devendra Dhama Advocate was heard on behalf of respondent Nos.3 to 5.

4. Learned trial court recorded acquittal of the accused appellants with a finding that by prosecution evidence the allegation of demand of dowry and practicing cruelty against the deceased has not been proved. It is also not proved that death of deceased occurred in unnatural circumstances, therefore the benefit of presumption under Section 113A and 113-B IPC cannot be extended to the prosecution side.

5. Feeling aggrieved by the impugned judgment and order Government Appeal may file on behalf of the State as Government Appeal No. 2416 of 1997 State Vs. Ativeer Singh and others under Section 378(3) Cr.P.C. and subsequently a Criminal Revision was also filed by the informant/defacto complainant Narendra Pal Singh in Criminal Revision No. 2717 of 1997 Narnedra Pal Singh Vs. Udai Pratap Singh and others. As the said government appeal and criminal revision have arisen out of same relief has been sought therein. Both of these are being disposed of by this common judgment.

6. The factual matrix of the case in brief are that the informant Narendra Pal Singh who was posted as Chief Food Inspector in the office of Chief Medical Officer, Aligarh by moving a written report bearing dated 04.03.1993 with an averment that on 15.02.1993 he was busy in official work at around 3:00 pm. One Dr. Vyas who was posted in PHC Sikandara Rau as Incharge came to him and asked him to come alongwith him to Sikandara Rau, but due to rush of work he expressed his inability to move alongwith him, thereupon Dr. Vyas left his office at 05:00 pm. On same day at around 08:00 pm one Sri M.P. Sharma, Health Inspector Sikandara Rau came to him with some other person at his residence and asked him to go Sikandara Rau because his daughter’s condition was serious. On hearing this the informant immediately asked one Bijendra Swaroop, Sanatory Supervisor to approach Sri M.P. Sharma and discern the real facts to which Sri M.P. Sharma informed said Bijendra Swaroop that the daughter of informant had passed away. No information was given to the informant regarding death of his daughter from her husband and inlaws. He got flabbergasted on hearing sudden death of his daughter and came to his residence at Agra and reached Sikandara Rau alongwith his wife and son at around 12:00 night. He visited the m