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2010 Supreme(MP) 1210
IN THE HIGH COURT OF MADHYA PRADESH
R. K. GUPTA, J.
RADHABAI – Appellant
Versus
STATE OF M. P. – Respondent
Cri. Appeal No. 1210 of 1999
Decided On : 05-02-2010
Advocate Appeared:
For the Appellant : Amit Jain
For the Respondent: Rajesh Tiwari
The main legal point established in the judgment is the requirement for the prosecution to prove guilt beyond a reasonable doubt, the importance of reliable evidence, and the need to reconcile contradictory statements and evidence.
Headnote:
Code of Criminal Procedure - Appeal - 374(2) - Indian Penal Code - 498-A, 306 - Summary of Acts and Sections: Code of Criminal Procedure, Section 374(2); Indian Penal Code, Sections 498-A, 306
Fact of the Case:
The appellants appealed their conviction under sections 498-A and 306 of the Indian Penal Code, related to cruelty and abetment of suicide, based on the death of the deceased Sadhna alias Sharda. The prosecution alleged that the appellants harassed the deceased for inadequate dowry, leading to her suicide by self-immolation.
Finding of the Court:
The court found that the dying declaration of the deceased, which accused appellant No. 1 of subjecting her to cruelty, was contradicted by statements of other witnesses. The court also noted discrepancies in the evidence and concluded that the prosecution failed to prove the guilt of the appellants beyond a reasonable doubt.
Issues: The issues revolved around the credibility of the prosecution witnesses, the reliability of the dying declaration, and the alleged demand of dowry and cruelty by the appellants.
Ratio Decidendi: The court emphasized the importance of reliable evidence and the need for the prosecution to prove guilt beyond a reasonable doubt. It also highlighted the contradictions in the dying declaration and the statements of other witnesses, leading to the conclusion that the appellants' guilt was not established.
Final Decision: The court set aside the conviction and sentence imposed by the trial court, allowing the appeal and discharging the appellants' bail bonds.
JUDGMENT :
1. The appellants have preferred the present appeal under section 374(2) of the Code of Criminal Procedure challenging the judgment of their conviction and order of sentence dated 23-4-1999 in Sessions Trial No. 118/94 passed by the learned Sessions Judge, Raisen whereby the appellants have been convicted under section 498-A, Indian Penal Code and sentenced to two years' R.I. and fine of Rs. 1000/- each and the appellant No. 1 has been further convicted under section 306, Indian Penal Code and sentenced to four years R. I. and fine of Rs. 1000/-; in default of payment of fine, additional R.I. for two months each.
2. The appellants were initially tried by the learned trial Court under section 304-B and 306 of the Indian Penal Code on an allegation that they practiced cruelty upon deceased Smt. Sadhna alias Shada Bai in relation to demand of dowry and the deceased died otherwise than under normal circumstances within seven years of marriage, therefore, a dowry death was committed.
3. Briefly stated, the prosecution story is that in the year 1993 deceased Sadhna alias Sharda had married to Pradeep who used to live with his family and along with the accused persons at village Kishanpur. Pradeep did not use to do any work. It is alleged that the accused persons used to harass the deceased for not bringing adequate dowry, therefore, the deceased lived at her parents house for two-three months. On the assurance given by Pradeep that deceased would not be subjected to harassment and cruelty, parents of the deceased sent her along with Pradeep. On 26-3-1994 at about 11 a.m. deceased Sadhna alias Sharda poured kerosene oil upon her and set her ablaze. Seeing the fire having been broken out, neighbour Hakimchand and others reached the spot and saw Sadhna lying in the courtyard fully burnt. Hakimchand (PW-6), thereafter, lodged a report at Police Station Dehgaon. The deceased was taken to District Hospital Raisen where Dr. S. S. Kushwaha (PW-2) medically examined the deceased and through Ex.P-3 observed that her body was burnt upto 98%. It is further alleged by the prosecution that on 26-3-1994 at about 1 p.m. the dying declaration of the deceased was recorded Ex.P.1 in the presence of Dr. S. S. Kushwaha (PW-2) wherein the deceased revealed that she set herself to fire because of harassment made by accused Radha Bai. Thereupon, the accused persons were arrested and after completion of necessary investigation challan was filed in the criminal Court and thereafter the competent criminal Court committed the case for trial.
4. The learned trial Court found that since there was a specific allegation in the dying declaration which was found proved against appellant No. 1, Radha Bai that she had subjected the deceased to cruelty which prompted the deceased to commit suicide, therefore, the appellant No. 1 has been convicted for the offence punishable under section 306, Indian Penal Code, however, rest of the accused were acquitted of the said charge and further convicted all the appellant guilty of the offence under section 498-A, Indian Penal Code as no charge under section 304-B, Indian Penal Code was found proved against any of the accused persons.
5. Learned counsel for the appellants submitted that the learned trial Court has erred in not properly appreciating the evidence of Dr. Kushwaha PW-2 who in his statement has categorically stated that on his asking the deceased had revealed that she got burnt while cooking on stove. He further submitted that conviction of the appellant No. 1 under section 306, Indian Penal Code is erroneous as mere allegation of harassment and domestic dispute of the deceased with appellant No. 1 and deceased having committed suicide as a result of which would not amount to abetment. Reliance is placed upon the decision of this Court in Radha (Smt.) vs. State of M. P., 2009(1) JLJ 236. According to learned counsel for the appellant, the trial Court has also erred in holding that the appellants used to ill-tre
