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2016 Supreme(MP) 451
IN THE HIGH COURT OF MADHYA PRADESH
Sheel Nagu and Vivek Agarwal, JJ.
Ravipal Singh v. State of M.P.
Criminal Appeal No.117 of 2014 (Gwalior) : against the judgment dated 23.12.2003, passed by 10th Additional Sessions Judge
(Fast Track Court) Gwalior in Sessions Trial No.330 of 2001;
Decided on 2.8.2016.
Atul Gupta for appellant;
J.M. Sahani, Panel Lawyer for respondent/ State.
Headnote:Penal Code, 1860 -- Ss.302, 304B and 498A -- appellant convicted and sentenced by trial Court under -- chain of circumstances is complete -- strained relations between appellant and deceased -- she was harassed for demand of dowry and was in company of appellant and he failed to explain various injuries reported in post-mortem over body of deceased -- cause of death homicidal caused by asphyxia due to strangulation -- inferena of guilt can be drawn -- appeal without substance dismissed -- judgment of Court below upheld and affirmed.
Held : In the present case, the chain of circumstances is complete. Admittedly, the deceased was wife of the accused and they had strained relations. The deceased was harassed for demand of dowry. The deceased was in the company of the accused-appellant and the appellant has failed to explain various injuries reported in the post-mortem over the body of the deceased. The death of the deceased was homicidal caused by asphyxia due to strangulation. Thus, on examination of the entire evidence in its entirety, the only inference that can be drawn is guilt of the accused. 2007 CrLJ 516, 1992 CrLJ 1545, AIR 1992 SC 2186 and 2007 CrLJ 20 followed. 2005 SCC (Cri) 1202, AIR 2009 SC 1454, (2013)7 SCC 256, AIR 2002 SC 620, 2002 SCC (Cri) 1100, (2014)7 SCC 405 and (2014)15 SCC 163 distinguished. AIR 1984 SC 1622 referred to.
naM lafgrk] 1860 & /kkjk 302] 304[k rFkk 498d & vihykFkhZ fopkj.k U;k;ky; }kjk mica/kksa ds v/khu fl}nks"k rFkk naMkfn"V fd;k x;k & ifjfLFkfr;ksa dh Ja[kyk iw.kZ gS & vihykFkhZ rFkk e`rd ds chp eueqVko & mls ngst dh ek¡x ds fy, ijs'kku fd;k x;k rFkk og vihykFkhZ dh eaMyh esa Fkh rFkk og e`rd ds 'kjhj ij 'ko&ijh{k.k esa fjiksVZ dh xbZ fofHkUu {kfr;ksa dks Li"V djus esa vlQy jgk & vojks/ku ds dkj.k 'okalkojks/k }kjk dkfjr e`R;q ekuo o/k Fkh & nks"kh gksus dk vuqeku yxk;k tk ldrk gS & vihy lkjghu [kkfjt & fupys U;k;ky; dk fu.kZ; ekU; Bgjk;k x;k rFkk iqf"V dh xbZA
vfHkfu/kkZfjr % orZeku ekeys esa] ifjfLFkfr;ksa dh Ja[kyk iw.kZ gSA Lohd`r :i ls] e`rd vkjksih dh iRuh Fkh rFkk muesa eueqVko FkkA e`rd dks ngst dh ek¡x ds fy, ijs'kku fd;k x;kA e`rd vkjksih@vihykFkhZ dh eaMyh esa Fkh rFkk vihykFkhZ 'ko&ijh{k.k esa fjiksVZ dh xbZ e`rd ds 'kjhj ij fofHkUu {kfr;ksa dks Li"V djus esa vlQy jgkA vojks/ku ds dkj.k 'okalkojks/k }kjk dkfjr e`rd dh e`R;q ekuo o/k FkhA bl izdkj iw.kZ lk{; dk bldh laiw.kZrk esa ijh{k.k djus ij ek= vuqeku tks yxk;k tk ldrk gS] vkjksih dk nks"kh gksuk gSA 2007 lhvkj ,y ts 516] 1992 lhvkj ,y ts 1545] , vkb vkj 1992 ,l lh 2186 rFkk 2007 lhvkj ,y ts 20 vuqlfjrA 2005 ,l lh lh ¼fdz-½ 1202] , vkb vkj 2009 ,l lh 1454] ¼2013½ 7 ,l lh lh 256] , vkb vkj 2002 ,l lh 620] 2002 ,l lh lh ¼fdz-½ 1100] ¼2014½ 7 ,l lh lh 405 rFkk ¼2014½ 15 ,l lh lh 163 izHksfnrA , vkb vkj 1984 ,l lh 1622 fufnZ"VA
Agarwal, J. 1. -- This appeal has been filed by the appellant, Ravipal Singh being aggrieved by judgment dated 23.12.2003 passed by 10th Additional Sessions Judge (Fast Track Court), Gwalior in Sessions Trial No.330/2001 vide which the present appellant has been convicted under sections 302, 304B and 498A IPC and sentenced with life imprisonment for offence under section 302 IPC and ten years rigorous imprisonment for offence under section 304B IPC. Beside the present appellant, accused Surendra Pal Singh Bhadoriya father and Pushplata mother of the present appellant were acquitted under the provisions of sections 304B and 302 of IPC but were convicted under section 498A IPC with rigorous imprisonment for two years and fine of Rs.2,000/- each. In default of payment of fine, further rigorous imprisonment of six months was imposed. During the pendency of the present appeal, it is submitted that both the co-accused namely Surendra Pal Singh Bhadauriya and Pushplata have died, therefore, appeals filed by them have abated. It is further submitted that Miscellaneous Criminal Case No.1126/2004 seeking leave to appeal filed by the State against acquittal of those two co-accused under section 302 and 304B has been rejected vide order dated 23.1.2012 and their acquittal under sections 302 and 304B was affirmed by this Court.
Factual Matrix :
2. The prosecution case in brief is that marriage of the deceased Smt. Aruna @ Rani was solemnized with the appellant on 10.3.1999. On 9.4.2001 wife of the appellant Smt. Aruna @ Rani was found dead. Post-mortem was conducted on her body on 10.4.2001 and it was found that Aruna died on account of strangulation.
2.1. A case against the accused persons including the present appellant, Surendra Pal Singh father of the appellant and sisters of the appellant was registered under sections 304B, 498A and 302 IPC for causing dowry death of Aruna @ Rani by torturing her for dowry and cruelty. The accused Pushplata was charged under sections 498A and 302 IPC for demanding dowry and causing physical and mental torture and cruelty to Aruna, wife of the present appellant and causing her murder.
2.2. The facts which are not in dispute are that Aruna @ Rani was married to present appellant Ravipal Singh on 10.3.1999. The accused Surendra Pal Singh was father in law of the deceased whereas accused Pushplata was mother in law of the deceased whereas accused Deepa @ Dipika, Reeta and Usha are sisters in law of the deceased. It is also not in dispute that death of Aruna @ Rani, wife of the present appellant had taken place in the matrimonial home at Gwalior situated at Rachna Nagar, Near Yash Petrol Pump under Police Station Gola Ka Mandir on 9.4.2001 before 12 noon.
2.3. The case of the prosecution is that the parents of the deceased Aruna @ Rani had spent cash amount in addition to offering various gifts on the occasion of various ceremonies performed for solemnization of marriage of the deceased with the present appellant. It is the case of the prosecution that the accused persons also demanded a motorcycle, color TV and Rs.10,000/- in dowry and for such demands deceased Aruna @ Rani was tortured and beaten. It was further alleged that Aruna @ Rani was not taken in vidai from her parental house even after three months of marriage despite requests made by brother and other relatives of the deceased because the accused wanted to take Aruna to his home only on fulfillment of their demand of dowry. At last Aruna was taken to her matrimonial home upon surety of her Phoopa, Chandra Pal Singh that if dowry items as demanded are not handed over by the complainant’s family then he shall fulfil those demands at his level. It was further alleged that accused persons used to treat Aruna with cruelty and used to beat her for fulfilment of demand of dowry. Though Colour TV and cash was given to the appellant’s family but motorcycle could not be arranged as a result torture to Aruna at the hands of accused and his relatives co
