IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
RAJNISH KUMAR, ZAFEER AHMAD
Ram Pheran – Appellant
Versus
State of U.P. – Respondent
Case Identification: Criminal Appeal No. 534 of 1995 arising from Sessions Trial No. 498/1994, Case Crime No. 29/94, P.S. Harraiya, District Gonda, under Sections 498A/304B/302/34 IPC and 3/5 Dowry Prohibition Act. (!)
Trial Court Judgment: Appellants convicted under Section 302/34 IPC (life imprisonment) and 498A IPC (1 year RI + fine Rs.1000/-, default 1 month RI); acquitted under 304B IPC and 3/5 DP Act; sentences concurrent. (!) (!)
Parties: Appellants - Ram Pheran (father-in-law), Mansha Ram (husband), Smt. Maharani (mother-in-law); Deceased - Smt. Meena Devi (married 1989); Informant - Moti Lal (father). (!) (!) (!)
Prosecution Allegations: Dowry demand of Rs.1000/-, harassment, beating, starvation; brother Ram Chandra denied permission to take deceased home on 19.06.1994 due to non-payment; deceased burnt midnight 19/20.06.1994; FIR by father at 4:45 pm on 20.06.1994. (!) (!) (!)
Father-in-law's Prior Report: Ram Pheran reported at 8:05 am on 20.06.1994 that deceased caught fire from dhibri while going to sleep after family celebrations; deceased extensively burnt, died at spot; sent messengers to inform family. (!) (!)
Investigation: Inquest at 2:00 pm 20.06.1994; post-mortem 22.06.1994; site plan, dhibri recovered; charge-sheet 16.09.1994 under 498A/304B/201 IPC. (!)
Prosecution Witnesses: PW1 Moti Lal (father, proved FIR Ex.Ka-1); PW2 Ram Chandra (brother, dowry harassment); PW3 Pawan Kumar; PW4 Dr. Ashok Kumar (post-mortem); PW5 Constable Mishri Lal; PW6 SI R.K. Chaudhary (inquest); PW7 Pradeep Kumar (IO); PW8 HC Ram Sewak (GD entry). (!) (!) (!)
Defence: Alibi for Mansha Ram and Maharani (at Padam Chakki 2.5-9 km away); only Ram Pheran present; DW1 Rameshwar Prasad, DW2 Krishna Mohan supported alibi but contradicted Ram Pheran's report; alibi rejected as afterthought. (!) (!) (!) (!) (!)
Post-Mortem Findings (PW4, Ex.Ka-2): 90% post-mortem burns (no line of redness, no sooty particles in trachea/bronchi, occasional air-filled blisters); smell of kerosene; fractured left cornu of hyoid; lacerated carotid arteries; congested lungs; cause - asphyxia due to strangulation; body burnt after death. (!) (!) (!)
Trial Court Findings: Strangulation first, then kerosene burning to conceal; cruelty/harassment proved under 498A; murder by all three with common intention under 302/34; acquitted on 304B/DP Act. (!) (!) (!)
Appeal Status: Abated for Ram Pheran (d. during pendency, released 2000 on remission) and Maharani; survives for Mansha Ram (released 2019 on remission after 24+ years). (!) (!)
High Court Findings: Agrees with trial court; presence of all appellants proved; harassment/cruelty soon before death; strangulation murder, post-mortem burning; alibi false; chain of circumstantial evidence complete. (!) (!) (!) (!) (!) (!)
Sentence Confirmation: Life imprisonment under 302/34 and 1 year RI + fine under 498A upheld; no illegality. (!)
Remission Effect: Mansha Ram not required to surrender; remission under Article 161 by Governor valid and unaffected by upholding conviction. (!) (!) (!) (!) (!)
Appeal Outcome: Dismissed; conviction and sentence confirmed; copy to trial court within 1 week. (!) (!)
JUDGMENT :
RAJNISH KUMAR, J.
1. Heard Sri M.P. Yadav, learned counsel for the appellants and Sri Pawan Kumar Mishra, learned AGA for the State.
2. The instant Criminal Appeal has been filed assailing the judgment and order dated 25.08.1995, passed in Sessions Trial No. 498/1994 ( The State vs. Ram Pheran and Others ) by the Sessions Judge, Gonda, arising out of Case Crime No.29/94, under Sections 498- A/304-B/ 302 read with Section 34 of Indian Penal Code (hereinafter referred to as IPC) and Section 3/5 of Dowry Prohibition Act (hereinafter referred as D.P. Act), Police Station Harraiya, District Gonda, by means of which the appellants have been convicted under Section 302 read with Section 34 IPC and Section 498- A IPC and sentenced each of them to undergo imprisonment for life under Section 302 read with Section 34 IPC and to undergo one year rigorous imprisonment under Section 498-A IPC alongwith a fine of Rs.1000/- payable by each of them and in default of payment of fine, to undergo further rigorous imprisonment for one month. It has further been provided that all the sentences shall run concurrently.
3. The prosecution story, in short, is that Smt. Meena Devi, daughter of Moti La
Sharad Birdichand Sarda vs. State of Maharashtra
The appellants were convicted of murder and dowry harassment, with evidence showing the deceased's death resulted from strangulation followed by burning to conceal the crime.
Circumstantial evidence can sustain a conviction for murder when the accused fails to provide a plausible explanation for the deaths of the victims, establishing guilt beyond reasonable doubt.
The prosecution must prove demand for dowry and cruelty to establish a dowry death under Section 304B IPC, leading to a presumption of guilt against the accused.
Conviction under Section 498-A requires clear evidence of cruelty related to dowry demands; a dying declaration indicating accidental death denies such evidence.
Prosecution must prove established links between demands for dowry and circumstances leading to death; failure renders convictions unsustainable.
(1) Cruelty and dowry death – Once all necessary ingredients of dowry death have not been proved beyond reasonable doubt, presumption under Section 113-B of Evidence Act would not be available to pro....
The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the cr....
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
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