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2006 DIGILAW 526 (UTT)

PRAKASH CHANDRA SATI v. STATE OF U. P.

2006-09-18

PRAFULLA C.PANT

body2006
JUDGMENT 1. This appeal, preferred under Section 374(2) of Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C.), is directed against the judgment and order dated 21.09.1999 passed in Sessions Trial No. 227 of 1996, by learned Special Judge (E.C. Act)/Additional Sessions Judge, Nainital, whereby appellants Prakash Chandra and Rewati Devi have been convicted under Sections 498-A and 306 of Indian Penal Code, 1860, (for brevity hereinafter referred as I.P.C.) and each one of them has been sentenced to rigorous imprisonment for four years and fine of Rs. 3,000/- under Section 306 I.P.C. and rigorous imprisonment for three years and fine of Rs. 2,000/- under Section 498-A I.P.C. The trial court further directed that in default in payment of fine under each count, the convict shall undergo two months further imprisonment. It is further directed by the trial court that both the sentences shall run concurrently. 2. Heard learned counsel for the appellants and learned A.G.A. 3. Prosecution story, in brief is that Smt. Durga Devi (deceased) got married to appellant Prakash Chandra in the year 1993. She was daughter of PW-2 Buddhi Ballabh. Appellant Rewati Devi is mother-in-law of the deceased. According to the prosecution, Durga Devi was harassed for non-fulfilment of demand of dowry of Rs. 50,000/- made by the appellants and they (appellants) used to beat her. It is alleged that whenever Durga Devi used to go to her parents house, she used to complain about the conduct of the appellants. About six months before her death, Smt. Durga Devi left her husband’s house and started living in the house of her parents. The prosecution case is that when PW-2 Buddhi Ballabh, father of the deceased decided that he would take his daughter Durga Devi to her husband’s house, Smt. Durga Devi left the house of her parents and did not return back on 26.05.1994. After three days therafter i.e. on 29.05.1994, it appears that PW-2 Buddhi Ballabh, got registered non cognizable report that his daughter is missing and was seen with one Puran. Meanwhile, search for Durga Devi was on. After three days therafter i.e. on 29.05.1994, it appears that PW-2 Buddhi Ballabh, got registered non cognizable report that his daughter is missing and was seen with one Puran. Meanwhile, search for Durga Devi was on. On 01.06.1994, her dead body was found and a bottle of ‘Nuwan’ (insecticide) was also found by the side of her body, whereafter First Information Report (Ext., A-2) was got lodged by PW-4 Dharmanand (brother of deceased) that his sister has died within a period of one and a quarter year from the date of her marriage due to harassment by the appellants for non fulfilment of demand of dowry. It appears that the investigation was started on said report and the statement of the witnesses were recorded. In the post mortem examination, PW-1 Dr. K.C. Pant and his colleague Dr. R.S. Toliya stated that the death was an unnatural one but cause could not be ascertained. Viscera was preserved and was sent for chemical examination. As per the report of Chemical Examiner, chemical of insecticide ‘Nuwan’ was found on the preserved parts of the dead body of the deceased, which were sent for chemical examination. After completion of the investigation, the Investigating Officer filed charge sheet against both the appellants. 4. The trial court after hearing the prosecution and the defence, framed charge of offences, punishable under Sections 306 and 498-A I.P.C. against the accused/appellants, who pleaded not guilty and claimed to be tried. 5. On this, prosecution got examined PW-1 Dr. K.C. Pant, PW-2 Buddhi Ballabh (father of the deceased), PW-3 Kamla Devi (mother of the deceased), PW-4 Dharmanand (brother of the deceased), PW-5 Keshav Dutt, PW-6 S.O. Rajeev Yadav (Investigating Officer), PW-7 Leeladhar Bhatt, PW-8 Virendra Kumar, PW-9 Keshav Nath and PW-10 Shiv Kumar (Head Constable). In the form of documentary evidence apart from Ext. A-1 post mortem report, First Information Report (Ext. A-2), recovered bottle of ‘Nuwan’ (Ext. A-3), simple soil (Ext. A-4), inquest report (Ext. A-5), charge sheet (Ext. A-6), check report of First Information Report (Ext. A-7), extract of copy of general diary (Ext. A-8), Non Cognizable Report (Ext. A-9), site plan (Ext. A-10), letter to Chief Medical Officer, requesting for post mortem examination (Ext. A-11), police form No. 13 (Ext. A-12), sketch of the dead body (Ext. A-13), sample seal (Ext. A-14) and report of Forensic Laboratory (Ext. A-15), were produced. A-7), extract of copy of general diary (Ext. A-8), Non Cognizable Report (Ext. A-9), site plan (Ext. A-10), letter to Chief Medical Officer, requesting for post mortem examination (Ext. A-11), police form No. 13 (Ext. A-12), sketch of the dead body (Ext. A-13), sample seal (Ext. A-14) and report of Forensic Laboratory (Ext. A-15), were produced. In the statement recorded under Section 313 of Cr.P.C., appellants admitted that Prakash Chand (appellant No. 1) got married to deceased in March, 1993. However, allegations relating to demand of dowry and harassment in that regard are denied by both the appellants. No evidence was adduced in defence. The trial court after hearing the prosecution and the defence, found both the appellants Prakash Chand and Rewati Devi, guilty of charge of offences, punishable under Sections 306 and 498 A I.P.C. and sentenced to each of them rigorous imprisonment for four years under Section 306 I.P.C. and rigorous imprisonment for three years under Section 498A I.C. Aggrieved by the same, the appellants preferred appeal before the Allahabad High Court from where this appeal is received by transfer under Section 35 of U.P. Reorganisation Act, 2000, for its disposal. 6. Before further discussions, it is pertinent to mention here that according to PW-1 Dr. K.C. Pant, the cause of death was not ascertained and viscera was preserved. The post mortem report (Ext. A-1), corroborates the said fact. From Ext. A-15, which is report of Chemical Examiner of the Forensic Laboratory, shows that in stomach, intestine, liver and spleen organophosphorous (Nuwan) insecticide poison was found on examination of viscera of the deceased. Said fact read with the statement of PW-2 Buddhi Ballabh (father of the deceased), PW-3 Kamla Devi (mother of the deceased) and PW-4 Dharmanand (brother of the deceased), indicates that when Buddhi Ballabh (father of the deceased) decided to send his daughter after her six months stay with her parents, back to her in-laws place, the deceased fled from her house and committed suicide by taking ‘Nuwan’ (an insecticide) poison. 7. The main question before this Court to be examined is whether Smt. Durga Devi (deceased) committed suicide on account of being harassed by the appellants for non fulfilment of dowry or not. 7. The main question before this Court to be examined is whether Smt. Durga Devi (deceased) committed suicide on account of being harassed by the appellants for non fulfilment of dowry or not. Though PW-2 Buddhi Ballabh (father of the deceased), PW-3 Kamla Devi (mother of the deceased) and PW-4 Dharmanand (brother of the deceased) informant, have stated that when the deceased was in her matrimonial house, she was beaten and harassed for non-fulfilment of demand of dowry by the appellants- Prakash Chand and Rewati Devi. But statement of these witnesses are neither corroborated by any injury report nor any First Information Report lodged by them to that effect. Not only that, this Court cannot ignore the fact that deceased stayed in her in-laws house for hardly nine months. And thereafter continued to stay with her parents for six months before her death. The most significant fact, which creates reasonable doubt as to the fact that the deceased committed suicide on account of being harassed for non fulfilment of dowry, is that when Durga Devi (deceased) fled from her parents house on 26.5.1994, a non cognizable report (Ext. A-9), lodged by her father on 29.05.1994 that his daughter is missing and it is said in that report that one Puran, son of Harish used to come to meet complainant’s daughter Durga Devi and had developed illicit relations with her. Not only this, this document (Ext. A-9) further discloses that Durga Devi and Puran were seen on the road together by one child. After going through this report, the First Information Report (Ext. A-2), lodged by PW-4 Dharmanand (brother of the deceased) that mother-in-law and husband of the deceased used to torture his sister for non fulfilment of dowry becomes highly doubtful. 8. As to the offence punishable under Section 306 I.P.C. there is nothing on record, which indicates that either of the appellants ever did or said anything, which encouraged Durga Devi to commit suicide. As such, this charge is also not proved from the evidence on record, as against the appellants. 9. For the reasons as discussed above, the appellants are entitled to the benefit of doubt and since none of the offences of which the appellants are charged stands proved beyond reasonable doubt, as such they are entitled to be acquitted from the charge. 10. Accordingly, the appeal is allowed. 9. For the reasons as discussed above, the appellants are entitled to the benefit of doubt and since none of the offences of which the appellants are charged stands proved beyond reasonable doubt, as such they are entitled to be acquitted from the charge. 10. Accordingly, the appeal is allowed. The impugned judgment and order dated 21.09.1999, passed by Special Judge (E.C. Act)/Additional Sessions Judge, in sessions trial No. 227 of 1996, is set aside. Both the appellants are acquitted of the charge of offences, punishable under Sections 306 and 498 A I.P.C. They are on bail. They need not to surrender. Their bail bonds are cancelled and sureties are discharged.