Satya Prakash Lal v. State Of Bihar — 1989 DIGILAW 171 (PAT)

Judgment L.P.N.Shahdeo, J. 1. This appeal is directed against the judgment and order dated 10.3.1989 passed by 4th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 495 of 1986 convicting all the three appellants u/s. 306 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for seven years. He also held them guilty u/s. 498A of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for three years. Further, it is directed that the sentences would run concurrently. 2. The First Information Report Ext-2 of this case was lodged by brother of the deceased (P.W. 6) Sudesh Kumar on 14.3.1986, at about midnight on the basis of which the police instituted a case under section 302/34 of the I.P.C. and took up investigation, P.W. 8 who is the investigating officer, submitted chargesheet against the appellants at the close of the investigation. 3. The prosecution case, in short, was that the deceased Anjun Kumari was married with Appellant No.1, Satya Prakash Lal in the month of May, 1984. The prosecution case further is that because of non-payment of dowry, the appellants, who are husband, father-in-law and mother-in-law, used to torture the deceased in various ways and also passed taunting remarks against her. She was subjected to abuse and mal-treatment at their hands inasmuch as occasionally she used to be beaten up and she was taken to fathers house but her husband brought her back in his house on 22.1.1986 and by that time-according to the F.I.R. he had also threatened her to do away with her life. On return to the matrimonial house, the deceased lady was again subjected to torture and mal-treatment and she being frustrated to lead a happy life, ultimately, according to the allegation, was killed in her house. Radhey Shyam and Shambhu Prasad are said to have informed about the commission of suicide of the lady to their parents. They came to the residence of her brother in the University Colony and informed about her death in that night and then the informant alongwith his friends P.Ws. 5,4 and 1 went to the house of his sister where she was residing and found her dead body lying on the floor. The informant had seen a round mark on the neck of his sister and also some scratches on her left hand. 5,4 and 1 went to the house of his sister where she was residing and found her dead body lying on the floor. The informant had seen a round mark on the neck of his sister and also some scratches on her left hand. The inmates of the house and relatives said that the deceased lady committed suicide by hanging herself but the informant suspected if to be a case of homicide and thereafter went to Chutia police-station to institute the case and submitted written report and thereafter the police recorded the F.I.R. of this case. 4. After usual inquiry, all the three appellants were put on trial. In order to prove the charges, the prosecution had examined altogether eight witnesses. Among them, P.W. 6 is the informant. P.W. 7 is the doctor and P.W. 8 is the eye witness. Remaining witnesses are on facts. The defence was that she had committed suicide and it was not a case of homicide. Appellants had not examined any witness but they had proved certain letters which are Exts. A Series. The learned Additional Judicial Commissioner, on consideration of the evidence, facts and circumstances, held the appellants guilty, convicted and sentenced them to the extent as indicated above. 5. It should be noted in this connection that the Additional Judicial Commissioner has recorded an order of acquittal in respect of the charge u/s. 302 read with sec. 34 of the Indian Penal Code. Being dissatisfied with the aforesaid order, recorded by the Additional Judicial Commissioner the informant-petitioner has preferred Criminal Revision No. 17 of 1990 (R) against the Judgment of acquittal in respect of that charge. 6. Mr. S.N. Singh, learned Counsel, appearing on behalf of the appellants has submitted that no case at all is made out u/s. 306 of the Indian Penal Code as there is no evidence of demand of dowry in the letters which were proved and to sustain the charge, learned counsel appearing for the appellants, has also advanced argument in respect of the charge under-section 498A of the Indian Penal Code. 7. Mrs. Jaya Roy, learned Counsel appearing on behalf of the state has submitted that the amendment introduced in section. 113 of the Indian Evidence Act by adding a new sec. 7. Mrs. Jaya Roy, learned Counsel appearing on behalf of the state has submitted that the amendment introduced in section. 113 of the Indian Evidence Act by adding a new sec. 113A raises a presumption against the appellants that if a lady commits suicide or dies within a period of seven years from the date of her marriage, presumption will be that she had committed suicide as a result of torture or mal-treatment by the husband or the relatives. 8. In this case, P.W. 6 is the informant, who supported the case as told in his written report (Ext. 2). P. W. 2 is the father of the deceased. Both have supported the prosecution case in respect of the demand of dowry and various ways of torture which were committed by the appellants against the deceased lady. Their evidence is further supported by the evidence of P.W. 3 who is the cousin of P.W. 5 one of the room partner of the informant, who also supported the same but he learnt through the informant and message written by the deceased lady herself to her parents but in all those letters the prominent aspect of the case is also mentioned letters supporting and proving the fact of cruelty to which the deceased lady was subjected to by three appellants. In this connection, it should be noted that Ext. 8/8 is dated 5.10.1985 in which, as stated above nothing has been stated about the demand of dowry but the story of torture is mentioned therein. Ext. 8 dated 6.3.1985 is the last letter which the deceased lady had written before her death which had taken place on 13.3.1986, at about midnight. In this letter she had stated about various ways of torture and also expressed that there is no useful purpose for her surviving. The letter (Ext. 8/8) is written by the informant to his father which gives a very sad state of affairs under which the deceased lady was being tortured and still she was not expressing herself to her parent. All these letters taken together completely go to show that the deceased lady was under mental stress and strain leading a frustrated and disgusted life as a result of which she ultimately committed suicide. 9. The oral evidence on the point of torture is also spoken of and deposed by P.Ws. All these letters taken together completely go to show that the deceased lady was under mental stress and strain leading a frustrated and disgusted life as a result of which she ultimately committed suicide. 9. The oral evidence on the point of torture is also spoken of and deposed by P.Ws. 1,2,3,4, 5,and 6 which is also supported by these letters. It should also be noted that Ext. 8/7 dated 4.11.1985 is an inland letter. It should also be noted that the defence also proved Ext. A series (Ext. A to A/4 different letters, which were written by the father to his relatives, Samadhi and other members of the family. These letters, no doubt, indicate that he had stated nothing about the demand of dowry and torture but it is natural because apparent by the parents were under the hope that the husband and the lady will reconcile to the matrimonial life but the fact was otherwise and was completely exposed in those letters. Therefore, non-mentioning regarding the demand of dowry and torture in these letters from the parents of the deceased lady is of no consequence as no parents will like to spoil matrimonial life by aggravating and writing such letters to his Samadhi or son-in-law or daughter which would have added fuel to fire and his daughter would have been exposed to danger. 10. From the facts and "circumstances of the case, we cannot arrive at any other conclusion than what was arrived at by the trial court that the lady committed suicide as a result of various torture and became frustrated in leading such life for which the three appellants were solely responsible. Therefore, they were rightly convicted under both the charges. 11. In view of the new amendment, now onus is sated on the persons charged, if it is proved by the prosecution that the lady committed suicide within a period of seven years from the date of her marriage. In this case it is an admitted position that marriage had taken place in 1984 and the lady died on 13.3.1986. Therefore, the onus was heavily on the accused-appellants to prove that death was not because of that cruelty or torture or suicide was not the direct result of their wrongful acts which they have failed to show. In this case it is an admitted position that marriage had taken place in 1984 and the lady died on 13.3.1986. Therefore, the onus was heavily on the accused-appellants to prove that death was not because of that cruelty or torture or suicide was not the direct result of their wrongful acts which they have failed to show. In our opinion, the degree of cruelty and torture are sufficient to constitute abetment within the meaning of sec. 306 of the I.P.C. 12. The word abetment has- been defined under-section 107 of the Indian Penal Code which has given various ways in which abetment can be committed which indicates that one who instigates other by his act, should also be said to have committed an act of abetment. In this case by cruel behaviour and the manner" in which they used to torture and pass taunting remark against the lady have been fully described in the letters and these letters and evidence are sufficient to prove that these three appellants are directly responsible for creating such a situation leading to suicide by the lady. In this view of the matter, we are satisfied that both the charges framed against the appellants were proved beyond all reasonable doubt and findings recorded by the trial court on both the charges are hereby confirmed. 13. In this connection, learned Counsel for the state has cited a decision of the Supreme Court reported in A.I.R. 1990 Supreme Court 209 and submitted that in this case the accused was acquitted by the High Court but convicted by the Supreme Court. The Supreme Court held that: "To take the extreme step of committing suicide as the accused persons had subjected her to cruelty by constant taunt, mal-treatment and also by alleging that she has been carrying an illegitimate child. The suicide having been committed within a period of seven years from the date of her marriage in accordance with the provisions of this section, the court may presume having the regard to all the other circumstances of the case which we have set out earlier that such suicide had been abetted by the husband and his relations". The suicide having been committed within a period of seven years from the date of her marriage in accordance with the provisions of this section, the court may presume having the regard to all the other circumstances of the case which we have set out earlier that such suicide had been abetted by the husband and his relations". In this case, the various facts and circumstances as stated above from the evidence and the letters are sufficient that these cruel behaviours and torture committed by the appellant" were sufficient to constitute abetment within the meaning of the aforesaid section. Therefore, there is no question of escape from liability. The appellants were correctly convicted for abetment to suicide. 14 It should be noted that the state has not preferred any appeal against the order of acquittal undersection 302/34 Indian Penal Code. Criminal Revision No. 17 of 1990(R) against the order of acquittal passed under-section 302 read with sec. 34 of the Indian Penal Code, has been filed by the informant. On the findings recorded above, there could be no case of sec. 302 of the Indian Penal Code, nor the same is made out in evidence. There is no eye-witness and no credible evidence, leading to hold that the appellants had committed the murder. Therefore, Criminal Revision No. 17 of 1990 (R) preferred against the order of acquittal in respect of that charge must fail. 15. Coming to the question of sentence and on consideration of the age of parents of Appellant No.1 we think that the sentence imposed against Appellant Nos. 2 and 3 namely Jagdeo Lal and Deoki Devi respectively should be reduced to three years R.I. each and so far as Appellant No. 1 Satya Prakash Lal is concerned, his sentence should also be reduced to five years R.I. and it is ordered accordingly. 16. In the result, we find no merit in this " appeal, which is dismissed, subject to reduction in sentence only to the extent indicated above. The trial court is directed to take appropriate steps for serving out the remaining part of sentences imposed on the appellant forthwith.