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2013 DIGILAW 1 (UTT)

State of Uttarakhand v. Ashok Kumar Garg

2013-01-01

BARIN GHOSH, U.C.DHYANI

body2013
JUDGMENT U. C. Dhyani, J. : PW1 Suresh Kumar Gupta wrote a complaint (Ext. Ka-1) to Inspector Kotwali, Dehradun, on 17.08.2000, enumerating the facts contained therein that his daughter Priti was married to Navin Kumar Garg on 23.06.1999. Certain articles were given by PW 1 in the marriage according to his capacity, but in-laws of Priti were not satisfied with the same. They started harassing Priti for bringing lesser dowry and raised a demand of Rs. 50,000/-, to which the victim declined keeping in view the financial condition of her father i.e. PW 1. A male child was begotten by Priti on 13.08.2000. On receiving the said news, PW 1 along with his wife (PW 5), Kanwar Sain Singhal (PW2) and Mahendra Kumar Gupta (not examined) went to see Priti in her matrimonial home, whereupon they were not permitted to meet her (Priti). The in-laws of Priti insisted that PW 1 should sign over a blank paper. PW 1 came to know that Priti was admitted in a nursing home. PW 1 along with others went to meet Priti, who requested PW 1 to fulfill the demand of her in-laws. PW 1 said that he will try to meet such demand. On 16.08.2000, PW 1 was intimated on telephone that the condition of Priti has worsened and was admitted in Jain Hospital. When PW 1 along with others went to Jain Hospital, he found that Priti was in unconscious state. She died on 17.08.2000. 2. On the basis of said first information report, which was registered as case crime No. 681/2000, under Sections 304B, 498A and Section 3/4 Dowry Prohibition Act, in PS Kotwali, Dehradun, investigation began. Investigating Officer took the statements of informant and other witnesses, conducted inquest, sent the dead body for post-mortem and also sent the viscera to the Forensic Science Laboratory for examination. After completing the investigation, and finally on being satisfied that accused-respondents have committed the offence, submitted a charge-sheet (Ext. Ka-11) against the accused persons for the offences punishable under Sections 304B, 498A IPC and Section 4 Dowry Prohibition Act. 3. When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 304B, 498A IPC and Section 4 Dowry Prohibition Act were framed against the accused-respondents, to which they pleaded not guilty and claimed trial. Ka-11) against the accused persons for the offences punishable under Sections 304B, 498A IPC and Section 4 Dowry Prohibition Act. 3. When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 304B, 498A IPC and Section 4 Dowry Prohibition Act were framed against the accused-respondents, to which they pleaded not guilty and claimed trial. As many as 11 prosecution witnesses, namely, PW 1 S.K.Gupta, PW 2 Kunwar Sain, PW 3 Akash Gupta, PW 4 Dr. G.P.Painuli, PW 5 Smt. Krishna Devi, PW 6 Dr. Ashutosh Mathur, PW 7 Dr. Vimal Nautiyal, PW 8 Dr. Alok Tewatia, PW 9 Const. Narendra Giri, PW 10 ASI Nav Kishore and PW 11 Vijay Gautam were examined on behalf of prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in which they denied the allegations and said that they were falsely implicated in the case. After considering the evidence on record, learned trial court acquitted accused-respondents of the charges levelled against them for the offences punishable under Sections 304B, 498A IPC and Section 4 Dowry Prohibition Act. Aggrieved against the judgment and order of acquittal of the accused persons, present Government Appeal was preferred. 4. Prosecution led the evidence through PW 1 Suresh Kumar Gupta, who in his examination-in-chief, supported his complaint (Ext. Ka-1) and contents thereof. PW 2 Kanwar Sain was the person, who accompanied PW 1 to Priti's matrimonial home. PW 3 Akash Gupta was the brother of Priti, who said that when Priti came to her parental home after a week of her marriage with Naveen, she complained that her in-laws were demanding Rs. 50,000/-. 5. PW 4 Dr. J.P.Painuli conducted postmortem (Ext. Ka-3) on the dead body of victim on 18.08.2000, at 1:30 p.m., and said that cause of death could not be ascertained, hence viscera was being preserved for sending the same for chemical examination. Viscera was accordingly sent for chemical examination. The Forensic Science Laboratory, vide report dated 11.10.2000 (Ext. Ka-4) found Aluminum Phosphide in the viscera of deceased. 6. PW 5 Krishna Devi was the mother of deceased, who also alleged that Priti's in-laws raised a demand of Rs. 50,000/- when she came back to her parental home after 15 days of her marriage. 7. PW 6 Dr. Ashutosh Mathur was the owner of Premsukh Hospital at Dehradun. Ka-4) found Aluminum Phosphide in the viscera of deceased. 6. PW 5 Krishna Devi was the mother of deceased, who also alleged that Priti's in-laws raised a demand of Rs. 50,000/- when she came back to her parental home after 15 days of her marriage. 7. PW 6 Dr. Ashutosh Mathur was the owner of Premsukh Hospital at Dehradun. PW 6 said that Priti was admitted in his hospital on 03.08.2000, at 5:00 p.m. She delivered a male child on 03.08.2000 in the night. Priti was discharged on 04.08.2000. The delivery was normal. On 09.08.2000, Priti's in-laws came to PW 6 and complained that Priti suffered from fever. PW 6 prescribed medicines. Priti did not come to PW 6 on 09.08.2000. They again came back to PW 6 on 12.08.2000, at 12:20 p.m., along with Priti complaining that she (Priti) was suffering from fever and was not in conscious state. Priti was admitted by PW 6 in his hospital. On 14.08.2000, Dr. Sabarwal examined Priti, but there was no improvement in her condition despite intake of medicines. Therefore, Priti was referred to higher centre. PW 6 found the symptoms of typhoid in Priti. It was important to note that in para No. 7 of examination-in-chief, PW 6 said that Priti was attended by her in-laws during her stay in Premsukh Hospital. At least one person attended on her all the twenty four hours, including night. 8. PW 7 Dr. Vimal Nautial said that he was Consultant Physician in Jain Hospital, Race Course, Dehradun. On 16.08.2000, Priti Garg was examined by him. Priti was admitted in hospital on the selfsame day. PW 7 said that she (Priti) died on 17.08.2000, at 1:00 p.m., in the hospital. Priti was admitted in Intensive Care Unit of the hospital. PW 7 proved her death certificate (Ext. Ka-5) and also said that when Priti was admitted in the hospital, she was suffering from fever for the last ten days and was unconscious for the preceding two days. When PW 7 examined Priti, he found that she was running the temperature (103o F). She felt problem in breathing (gasping stage). 9. PW 8 Dr. Alok Tewatia, who was posted in Doon Hospital on 18.08.2000, conducted post-mortem on the dead body of victim along with PW 4 Dr. G. P. Painuli. When PW 7 examined Priti, he found that she was running the temperature (103o F). She felt problem in breathing (gasping stage). 9. PW 8 Dr. Alok Tewatia, who was posted in Doon Hospital on 18.08.2000, conducted post-mortem on the dead body of victim along with PW 4 Dr. G. P. Painuli. PW 8 said that cause of death of victim was consumption of Aluminum Phosphide poison, which is used to preserve wheat. 1/8th part of a tablet is harmful to a person having 65 kgs of weight. 10. PW 9 Constable Narendra Giri, PW 10 ASI Nav Kishore were the formal witnesses and PW 11 Vijay Gautam, Circle Officer, was the Investigating Officer of the case. 11. The evidence tendered by the Medical Officers, whose evidence was described in the judgment hereinbefore, indicates that the victim died of intake of Aluminum Phosphide, either deliberately, surreptitiously, voluntarily or by default. It was not evidenced that Priti's in-laws administered Aluminum Phosphide to her. To the contrary, it was brought on record that Priti was taken care of by her in-laws during her stay in hospitals. Naturally, the expenses of the treatment were also borne by Priti's in-laws. Although two limbs of dowry death were proved, inasmuch as, the victim died within seven years of her marriage with Navin, in other than normal circumstances, but the third limb of dowry death i.e. harassment or cruelty meted out to the victim by her husband or his relatives for, or in connection with, any demand for dowry soon before death was not proved. The learned court below did not rely upon the prosecution evidence and found that it was not a case of dowry death. Learned court below did not believe that any demand, or to be specific, a demand of Rs. 50,000/- was raised by victim’s in-laws. We find no reason to differ from the findings arrived at by learned court below. 12. There is no scope of interference with the judgment rendered by learned court below. Government Appeal preferred against the judgment dated 21.09.2005 is liable to be dismissed and is accordingly dismissed. 13. No submission was made on behalf of revisionist Suresh Kumar in Criminal Revision No. 222 of 2005. In a way, the Revision was not pressed. The same is accordingly dismissed. Appeal dismissed.