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2009 DIGILAW 1126 (RAJ)

State of Rajasthan v. Sita Ram

2009-04-24

MAHESH BHAGWATI

body2009
JUDGMENT Hon'ble BHAGWATI, J.—Challenge in this appeal is to the judgment dated 21.10.1992 rendered by the Judge, Special Court(Sati Nivaran) Rajasthan & Additional Sessions Judge, Jaipur City, Jaipur(hereinafter referred to as 'the trial court') whereby he acquitted accused-respondents namely Banwari Lal, Sita Ram and Smt. Sushila in the offences under Sections 306 and 498 A of the Indian Penal Code. 2. The factual matrix of the prosecution case in brief is stated as under: On 7th May, 1987 marriage of deceased Smt. Pushpa was solemnized with Banwari Lal Gupta S/o. Radhey Shyam Gupta R/o. 4-ch-26, Shastri Nagar, Jaipur. It is alleged that from the day first of her marriage, the in-laws of the deceased started complaining of deficient dowry. She was again and again reminded of the fact that the dowry articles, which she had brought from her house, were less in number and sub-standard in quality. The brothers of the deceased endeavoured to make the in-laws of the deceased understand and gave an undertaking to give more articles or money in lieu thereof. It is also alleged that on 15th February, 1989 the deceased came to her parents house to attend one ceremonial function but she was sent alone and that too only for a day. She was looking gloomy and uncomfortable. When being asked about the reason of her sadness, she simply responded in a feeble way that she was being harassed again and again for bringing less dowry. She also disclosed that she had been asked to bring one coloured television. Since the economic condition of her brother was not well, the demand of coloured television in dowry was continuously haunting in her mind, making her disheveled and perplexed. It is further alleged that on 23rd February, 1989 at about 8.00 p.m. the complainant Banwari Lal received a telephonic message from in-laws of her sister directing him to reach at Sawai Mansingh Hospital, Jaipur immediately as her sister Smt. Pushpa was admitted in emergency ward. On reaching at S.M.S. Hospital, he was told that Smt. Pushpa took tea at about 2.00 p.m. and thereafter she vomited and her condition suddenly deteriorated, as a result of which she was immediately taken to hospital where she ultimately died. The complainant Banwari Lal submitted a written complaint, Exhibit P-7 to the Superintendent of Police, Jaipur city, Jaipur whereupon Mahila Police Station lodged FIR, Exhibit P-8 and commenced investigation. The complainant Banwari Lal submitted a written complaint, Exhibit P-7 to the Superintendent of Police, Jaipur city, Jaipur whereupon Mahila Police Station lodged FIR, Exhibit P-8 and commenced investigation. During the course of investigation, the Investigating Officer recorded the statements of the witnesses acquainted with the facts and circumstances of the case, prepared a Site Plan, Exhibit P-1, got the autopsy of deceased Smt. Pushpa from the Medical Board done, arrested the accused-respondents, collected the relevant documents and after usual investigation filed the charge-sheet against the accused-respondents in the court of the competent Magistrate having jurisdiction who sent the same for trial to the Court of Sessions. The accused-respondents were indicted for the offences under Sections 498-A and 306 of Indian Penal Code who pleaded not guilty and claimed to be tried. In order to further prove its version, the prosecution examined as many as 15 witnesses. In the explanation under Section 313 Cr.P.C, the accused-respondents claimed innocence and pleaded that they were falsely implicated in this case. The accused-respondent adduced 11 witnesses in their defence. After completion of trial, learned trial court did not find the accused-respondents guilty and acquitted them as indicated hereinabove. 3. Heard learned Public Prosecutor appearing for the State, learned counsel for the accused-respondents and with their assistance carefully scanned the relevant material available on record. 4. The accused-respondents were alleged to have abetted Smt. Pushpa to commit suicide which she committed by consuming the poison and the incident had taken place within two years of the marriage. The Autopsy Report, Ex.P-4 did not contain the cause of death of Smt. Pushpa and the Medical Board kept the opinion reserved till the receipt of Chemical Analysis and Histo Pathological Report. For that purpose, visceras of the deceased were preserved, sealed and sent by them to the Forensic Science Laboratory through police. The Forensic Science Laboratory Report, Ex.P-5 reads thus: "On chemical examination, portions of viscera (1-5) from packets marked 1 and 2 gave positive tests for the presence of Aluminium Phosphide (Active constituent of Celphos). 5. The Investigating Officer sought the final report with regard to the death of Smt. Pushpa from the Medical Board and the Report of the Medical Board, Exhibit P-6 reads as under: "The cause of death is Respiratory failure due to paralysis of respiratory muscles as a result of organo phosphorous(Aluminium Phosphide) poisoning." 6. 5. The Investigating Officer sought the final report with regard to the death of Smt. Pushpa from the Medical Board and the Report of the Medical Board, Exhibit P-6 reads as under: "The cause of death is Respiratory failure due to paralysis of respiratory muscles as a result of organo phosphorous(Aluminium Phosphide) poisoning." 6. The evidence on record reveals that the deceased Smt. Pushpa had prepared tea at about 2.00 p.m. for herself and for other members of the family also. The tea was prepared by the deceased herself. After some time of taking tea, the deceased started vomiting and her condition worsened as a result of which she was immediately admitted to S.M.S. Hospital, Jaipur where she expired. 7. The fact situation emerging in instant case is thus:- (i) The marriage of the deceased was solemnized with Banwarilal Gupta on 07.05.1987 and she is alleged to have abetted to commit suicide on 23.02.1989 within a period of two years of the marriage. (ii) F.S.L. Report, Exhibit P-5 and Medical Board's Report, Exhibit P-6 suggest the death of Smt. Pushpa on account of respiratory failure due to paralysis of respiratory muscles as a result of organo phosphorous(Aluminium Phosphide) poisoning. (iii) The accused-respondents are alleged to have asked for more dowry from the deceased. (iv) The accused-respondents are also alleged to have harassed Smt. Pushpa because the articles demanded by them were not given by her parents. The dowry articles demanded inter alia included colour television. (v) The condition of the deceased is said to have deteriorated after taking tea but the tea is found to have been prepared by the deceased herself. (vi) Smt. Pushpa is found to have died in circumstances other than normal. (vii) Who administered the poison to her is not indicated by the record but the statement of P.W. 6, Snehlata suggests that the tea was prepared by the deceased herself who brought the same in four separate cups, one cup for herself and rest of the three for the other family members. (viii) The deceased was keeping fast on the day of her death i.e. on 23rd February, 1989. (ix) From the day of marriage i.e. 7th May, 1987 till 22nd February, 1989, the deceased was subjected to cruelty by accused-respondents and this cruel behaviour of the accused-respondents abetted her to commit suicide. 8. (viii) The deceased was keeping fast on the day of her death i.e. on 23rd February, 1989. (ix) From the day of marriage i.e. 7th May, 1987 till 22nd February, 1989, the deceased was subjected to cruelty by accused-respondents and this cruel behaviour of the accused-respondents abetted her to commit suicide. 8. Learned Public Prosecutor appearing for the State has canvassed that there was ample evidence with regard to cruelty and demand of dowry on record and the learned trial court failed to appreciate the same and wrongly acquitted the accused-respondents. He has further contended that in spite of the admitted fact that Smt. Pushpa embraced unnatural death and died in circumstances other than normal, the learned trial court ignored the F.S.L. Report and the final opinion rendered by the Medical Board which has suggested the death of Smt. Pushpa due to Aluminium Phosphide. The learned Public Prosecutor has contended the impugned judgment to be perverse and contrary to the evidence available on record and prayed to set aside the same and convict the accused-respondents in the offences under Sections 306 and 498 A of IPC. 9. Per contra, learned counsel for the accused-respondents has submitted that the impugned judgment rendered by the learned trial court is cogent and well-merited. Learned trial court has properly appreciated the evidence of prosecution witnesses and defence witnesses and taken correct note of the relevant documents available on record. The finding of acquittal arrived at by the learned trial court is just, proper and in consonance with the prosecution evidence which call for no interference and thus, the appeal deserves to be dismissed. 10. The grave-men of the offence under Section 306 IPC is abating suicide. Section 107 IPC defines abetment as comprising, (a) instigation to commit offence; (b) engaging in conspiracy to commit the offence and; (c) aiding, in commission of offence. The abetment thus necessarily means some active suggestion or support to the to cruelty and demand of dowry on record and the learned trial court failed to appreciate the same and wrongly acquitted the accused-respondents. He has further contended that in spite of the admitted fact that Smt. Pushpa embraced unnatural death and died in circumstances other than normal, the learned trial court ignored the F.S.L. Report and the final opinion rendered by the Medical Board which has suggested the death of Smt. Pushpa due to Aluminium Phosphide. He has further contended that in spite of the admitted fact that Smt. Pushpa embraced unnatural death and died in circumstances other than normal, the learned trial court ignored the F.S.L. Report and the final opinion rendered by the Medical Board which has suggested the death of Smt. Pushpa due to Aluminium Phosphide. The learned Public Prosecutor has contended the impugned judgment to be perverse and contrary to the evidence available on record and prayed to set aside the same and convict the accused-respondents in the offences under Sections 306 and 498 A of IPC. 9. Per contra, learned counsel for the accused-respondents has submitted that the impugned judgment rendered by the learned trial court is cogent and well-merited. Learned trial court has properly appreciated the evidence of prosecution witnesses and defence witnesses and taken correct note of the relevant documents available on record. The finding of acquittal arrived at by the learned trial court is just, proper and in consonance with the prosecution evidence which call for no interference and thus, the appeal deserves to be dismissed. 10. The grave-men of the offence under Section 306 IPC is abeting suicide. Section 107 IPC defines abetment as comprising, (a) instigation to commit offence; (b) engaging in conspiracy to commit the offence and; (c) aiding in commission of offence. The abetment thus, necessarily means some active suggestion or support to the commission of offence. From the evidence of P.W. 6, Snehlata, it is unequivocal that the tea which contained Aluminium Phosphide was prepared by the deceased herself. There is no rebuttal to this fact, nor any evidence contrary to it has emerged from the prosecution evidence. Who administered the poison in tea is also not revealed? But the fact that the condition of the Smt. Pushpa worsened after taking tea, is not disputed. Rather the death of Smt. Pushpa by way of poisoning has been substantiated by F.S.L. Report, Exhibit P-5 and Medical Board's Report, Exhibit P-6. 11. Now adverting to the circumstances, if any, which abetted Smt. Pushpa to commit suicide. The substratum of the whole prosecution case emerging from the prosecution evidence is that the accused-respondents from the first day of marriage of the deceased started complaining time and again with regard to bringing less dowry articles and that too of sub-standard quality. She was also persuaded to bring one colour television from her parents. The substratum of the whole prosecution case emerging from the prosecution evidence is that the accused-respondents from the first day of marriage of the deceased started complaining time and again with regard to bringing less dowry articles and that too of sub-standard quality. She was also persuaded to bring one colour television from her parents. Apart from asking for more dowry, there is no other evidence on record which may suggest cruel behaviour of accused-respondents. In the case of State of Punjab vs. Krapa Singh, reported in (1992) 2 Crimes 926 (P&H) the Court held as under: "Taunting the bride for bringing less dowry and having given birth to a female child does not amount to abetment by instigation, persuading the bride to commit suicide. Further when the evidence on record shows that the husband was away on duty and thus, could not be present at the death bed of his wife, Section 306 IPC goes out of the way." 12. In the instant case also, the husband of the deceased, Banwari Lal Gupta was away and not in the house when Smt. Pushpa consumed tea which resulted in her worsened physical condition. It is very relevant to note that after the death of Smt. Pushpa, the statements of the complainant and other members of the family were recorded by the Assistant Collector cum Executive Magistrate but the complainant and others did not complain of the cruel behaviour meted out by the deceased from the accused-respondents. It is after ten days of the death of the deceased that the complainant Banwari Lal, the brother of the deceased, submitted a typed complaint, Exhibit P-7 addressed to Superintendent of Police, Jaipur City, Jaipur whereupon the FIR, Exhibit P-8 was lodged on 15th March, 1989. Having taken into account the statements of the witnesses recorded by the Investigating Officer under Section 161 Cr.P.C. and the evidence given by them before the trial court, it is noticed that the prosecution witnesses have tendered exaggerated account of the cruel behaviour shown by the accused-respondents. Mere making a demand of more dowry by the accused-respondents cannot be defined to be a cruel behaviour or cruelty. ' The statements of the prosecution witnesses have reflected numerous contradictions in material particulars which cast doubt about their veracity. Not only this, the statements are found to be inconsistent, embellished and exaggerated. Mere making a demand of more dowry by the accused-respondents cannot be defined to be a cruel behaviour or cruelty. ' The statements of the prosecution witnesses have reflected numerous contradictions in material particulars which cast doubt about their veracity. Not only this, the statements are found to be inconsistent, embellished and exaggerated. All the prosecution witnesses are of one family and they seem to be interested in prosecution of the accused- respondents. In such a situation a heavy duty is cast upon the court to examine the statements of the prosecution witnesses of one family very carefully and cautiously. 13. In the ultimate analysis, the testimony of the interested witnesses or partisan witnesses cannot be taken to be as it is. The learned trial court has critically examined the prosecution evidence at length and after a careful examination thereof, it has arrived at a conclusion that the prosecution has miserably failed to fasten the guilt upon the accused-respondents with which I fully concur. The impugned judgment of the learned trial court seems to be cogent and well-merited. It does not suffer from any infirmity. The finding of the learned trial court that the prosecution has failed to prove the offences under Sections 306 and 498 A of IPC against the accused-respondents is found to be just and proper. I am in unison with the finding of acquittal arrived at by learned trial court and to my view, the impugned judgment does not call for any intervention. 14. For these reasons, the State appeal being bereft of merits stands dismissed. 15. The accused-respondents namely Sita Ram, Banwari Lal and Smt. Sushila are op bail and their bail bonds are ordered to be discharged.