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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 779 of 2026 Shiv Ram …..Appellant(s)

Versus State of U.P. Thru. Prin. …..Respondent(s)

Secy. Deptt. Of Home, Lko Counsel for Appellant(s) : Nisha Srivastava, Preeti Devi Counsel for Respondent(s) : G.A.

Court No. – 27 AFR Reserved On: 20.08.2026 Delivered On: 29.09.2026 HON’BLE ZAFEER AHMAD, J.

1. Heard Smt. Nisha Srivastava, learned counsel for the accused-appellant, and learned A.G.A. for the State.

2. The present criminal appeal has been filed under Section 415(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 374(2) of Code of Criminal Procedure, 1973) against the judgment and order dated 09.03.2025 passed by the learned Sessions Judge, Barabanki in Sessions Trial No. 143 of 2024 arising out of Case Crime no. 414 of 2023, Police Station Asandra, District Barabanki wherein the accused-appellant has been convicted and sentenced under Section 306 Indian Penal Code, 1860 (hereinafter referred as IPC) for a period of seven years’ rigorous imprisonment along with a fine of Rs. 20,000/- and in default of payment of fine additional two months imprisonment.

Prosecution Story in Nutshell:

3. The prosecution case, in brief, is that the complainant, Lallu, submitted a written report on 15.09.2023 stating that, about 20 years ago, his sister Ramdasa was married to Shivram, the accused-appellant, but they had no children. He further stated that Shivram used to harass his sister on this account and would tell her to hang herself or jump into the river and die, and that he would not keep her in his house. He further stated that, due to such harassment and at the insistence of Shivram, his sister committed suicide by hanging herself on the intervening night of 09/10.09.2023. He further stated that his sister had informed him about the harassment and the threats to commit suicide, and that he had also counselled her.

4. On the basis of the written report, an FIR was registered on 15.09.2023 against the accused-appellant, Shivram, as case crime no. 414 of 2023, under Section 306 IPC. The Investigating Officer conducted the investigation and, after completion thereof, submitted a charge-sheet against accused-appellant, Shivram, under Section 306 of IPC. Thereafter, the case was committed to the Court of Sessions for trial. The Sessions Court framed charges against the appellant under Section 306 IPC. The appellant denied the charges, pleaded not guilty, and claimed trial.

5. In order to prove its case, the prosecution examined PW-1 Lallu, PW-2 Ram Manohar, PW-3 Mithilesh Kumari , PW-4 Seema Devi, PW-5 SI Manoj Kumar Singh, PW-6 Ram Shukal, and PW-7 Dr. Swapnil Singh.

6. In order to prove its case, the prosecution produced and proved the following documents, which were marked as exhibits:-

7. The statement of the accused-appellant was recorded under Section 313 Cr.P.C., wherein he denied the allegations levelled against him. He stated that his wife had been suffering from tuberculosis for a long time and that he had got her treated, but as she did not recover, she became depressed, due to which she committed suicide.

Submissions made by learned counsel for the accused-appellant:

8. Learned counsel for the accused-appellant submits that the prosecution has failed to establish the charge under Section 306 IPC beyond reasonable doubt. It is further submitted that the evidence of the prosecution witnesses, who are admittedly the close relatives of the deceased, is materially inconsistent and suffers from significant omissions, particularly with regard to the alleged acts of harassment and the alleged incident immediately preceding the occurrence. The alleged oral disclosures made by the deceased have not been supported by any independent or contemporaneous evidence, and the material circumstances emerging from the testimony of the Investigating Officer do not corroborate the prosecution version. Learned counsel further submits that the alleg