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2014 DIGILAW 196 (ALL)

Jagdish Chandra Gupta v. State of U. P.

2014-01-16

SHEO KUMAR SINGH, VINOD PRASAD

body2014
Hon'ble Sheo Kumar Singh, J These are two connected appeals against the judgment of Additional Sessions Judge, Court No.1, Etah passed in Sessions Trial No. 189 of 1999 by which the accused appellants were convicted under Section 304B, 498A I.P.C. and 3/4 of D.P. Act and each appellants had been sentenced, as below: (i) Rigorous imprisonment for life under Section 304B I.P.C. (ii) Three years rigorous imprisonment and a fine of Rs. 10,000/- under Section 498A I.P.C. (iii) Two years rigorous imprisonment and a fine of Rs. 5,000/- with default stipulation under Section 3/4 Dowry Prohibition Act. 2. The aforesaid appeals were earlier heard, judgment was reserved and thereafter by appointing Amicus Curie appeals were dismissed on 27.11.2012. Against the judgment of this court, Criminal Appeal Nos. 2064-2065 of 2013 were filed, which were allowed by the Hon'ble Apex Court on 9.12.2013 and the matter was remitted to this court for fresh disposal. 3. Sri Ayush Singh, learned advocate, has filed his appearance to assist Senior advocate Sri V.P. Srivastava who appeared on behalf of the appellants in hearing of the matter. 4. Pursuant to the judgment of the Hon'ble Apex Court as noted above under the nomination by the Hon'ble the Chief Justice dated 20.12.2013 appeals were listed. 5. Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Ayush Singh, advanced the arguments for the appellants and Sri Chandrajeet Yadav, learned A.G.A. for the State. 6. Judgment was reserved on 7.01.2014. 7. This is a case where an innocent lady of 20 years age having been married in the family of the appellants died within one year of the marriage. 8. Criminal Appeal No. 2398 of 2005 has been filed by Sanjiv Kumar @ Boby, who is the husband of the deceased and Criminal Appeal No. 2029 of 2005 by Jagdish Chandra Gupta and Smt. Munni Devi who are the father-in-law and the mother-in-law respectively. 9. In brief we are to notice the prosecution case. According to the First Information Report, Hari Om Gupta s/o Late Ram Autar Gupta, r/o Mohalla Katra, Kasba Mohanpur, P.S. Sahawar, District Etah married his sister Sanju Gupta with Sanjiv Kumar Gupta @ Boby s/o Jagdish Chandra Gupta, r/o Mohalla Etah Road, Kasba & P.S. Ganj Dundawara, Etah on 21.11.1997. It is stated that according to his status he got the the marriage performed and paid cash of Rs. It is stated that according to his status he got the the marriage performed and paid cash of Rs. 20,000/-, gold chain, rings, clothes etc. besides scooter, sofa-set, double bed, steel almirah and T.V. set etc. Inspite of the aforesaid, the accused were not happy as some more items was desired to be given in marriage which were not given as stated in the First Information Report. From time to time, informant stated that his sister was tortured and threatened of adverse consequences in the event all the demands are not fulfilled. It is also stated in the First Information Report that if she does not bring various items then she should commit suicide else she is to suffer more torture. In fact at the time of Bidai, on account of non-providing various house hold items there was difficulty but on the assurance the accused appellants brought her but as the informant side was unable to fulfill the demands, his sister was beaten repeatedly. For the misbehavior of the appellants she broke down on the Rakhi festival when the informant went her for tying Rakhi. She again reiterated that in the event of non supply of the demanded items they will ensure that the life of the deceased comes to an end. The informant stated that on 13.9.1998 he was telephonically informed that in-laws of his sister and the husband, all gave her beating and burnt her. On getting this information the complaint came to Dundawara and found that the police had sent the dead body for post mortem and after cremation he lodged the First Information Report on the basis of which Case Crime No. 157 of 1998 under Section 304-B, 498-A I.P.C. and 3/4 of Dowry Prohibition Act was registered and the investigation whereof was entrusted to Circle Officer, O.P. Mishra. 10. The death has taken place on 13.9.1998, the post mortem was done on 14.9.1998 at 3:30 pm by doctor K.P. Garg and the following ante mortem injuries were found on her body: 1.Contusion 4 x 3 cm on right side forehead. 2.Lacerated wound 0.2 x 0.2 cm on left sole muscle deep. 3.Superficial to deep burn all over body except lower abdomen & pelvis. 4.Scalp hair adjoining to forehead parts all burnt rest of the scalp hair escaped from burning. 5.Smell of kerosene present in scalp hair. 2.Lacerated wound 0.2 x 0.2 cm on left sole muscle deep. 3.Superficial to deep burn all over body except lower abdomen & pelvis. 4.Scalp hair adjoining to forehead parts all burnt rest of the scalp hair escaped from burning. 5.Smell of kerosene present in scalp hair. 6.Underlying skin is reddish and peeling of the skin at most of the places present blackening present on skin at some places. 11. From the side of the prosecution following witnesses were examined to prove various facts. 12. PW-1 Hari Om Gupta, has corroborated the version of the First Information Report, PW-2 J.P. Gupta, happens the Mama of the deceased having participated in the marriage has stated about the demand of the additional dowry, PW-3, Dr. K.P. Gupta, conducted the post mortem, PW-4 Ram Babu Singh, Circle Officer, got the investigation and submitted the charge sheet, PW-5 S.D.M. Akshay Lal, in whose presence the Panchnama was prepared, PW-6 Circle Officer Om Prakash Mishra, inspected the spot and collected various items i.e broken bangles, hairs of the deceased and a container having kerosene oil etc., PW-7 Head Constable Keval Singh, wrote the First Information Report and General Diary. 13. In the statement under Section 313 Cr.P.C. the marriage of Sanjiv Kumar @ Boby on 21.11.1997 has been admitted. The question/ suggestion about demand of dowry, harassment and torture and the action by which the lady died was put to the accused persons and thus they are fully aware of the charges. 14. The accused appellants in defense examined Pramod Kumar as DW-1, who stated that no demand of dowry was there. 15. Learned Trial Judge by his judgment under appeal convicted three appellants noted above, and gave punishment, as noticed. The case against Km. Kalpana and Km. Mamta was referred to the Juvenile Court on account of them being juvenile. 16. After putting the preliminary facts arguments advanced from both side can be noticed in brief. 17. Learned counsel for the appellants argued mainly the following points. (i) There is inordinate delay in lodging the First Information Report which itself creates doubt on the prosecution story. (ii) There is lack of positive evidence about demand of dowry. (iii) No evidence has been adduced about torture on the deceased either soon before the death on account of demand of dowry or otherwise. (i) There is inordinate delay in lodging the First Information Report which itself creates doubt on the prosecution story. (ii) There is lack of positive evidence about demand of dowry. (iii) No evidence has been adduced about torture on the deceased either soon before the death on account of demand of dowry or otherwise. (iv) Deceased was cooking the food and accidentally the stove caught fire and she was taken to hospital for the treatment, but could not survive. (v) Sentence awarded by the Trial Court is too harsh and severe. 18. Learned A.G.A. vehemently supported the judgment of the Lower Court and he replied the arguments of appellants on all counts. He supported that there is sufficient material and the Trial Judge has taken note of all the facts and on detail examination the appellants have been convicted. 19. There is no dispute about the fact that death has taken place well within one year of marriage in an unnatural way. 20. Section 304-B I.P.C. deals with the dowry death. It will be useful to quote it at this place: "304-B. Dowry Death- (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harrassment by her husband or any relative of her husband for, or in connection with any demand for dowry, such death shall be called "dowry death" and such husband or relative shall be deemed to have caused her death. Explanation for the purpose of this sub-section 'dowry' shall have same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life." 21. To press and apply the aforesaid Section, the prosecution has to establish that death is of a woman is caused by burns or bodily injury, occurs not under normal circumstances within seven years of the marriage and the lady was subjected to cruelty or harassment by the husband and relatives of the husband in connection with the demand of dowry. 22. 22. Here we are to mention that Section 113-B of the Evidence Act was also inserted with a view to draw a presumption as to the dowry death. "113-B: Presumption as to dowry death- When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death." 23. As per the definition of "dowry death" in Section 304-B I.P.C. and the wording in the presumptive Section 113-B of the Evidence Act, one of the essential ingredients amongst others, in both the provisions is that the woman concerned must have been "soon before her death" subjected to cruelty or harassment "for or in connection with the demand for dowry". While considering these two provisions, Hon'ble Apex Court in M. Srinivasulu Vs. State of A.P. reported in (2007) 12 SCC 443 has observed thus: "8 The presumption shall be raised only on proof of the following essentials: (1) The question before the court must be whether the accused has committed the dowry death of a woman, (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC). (2) The woman was subjected to cruelty or harassment by her husband for dowry. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death." 24. Hon'ble Apex Court in the case of Raman Kumar Vs. State of Punjab reported in (2009) 16 SCC 35 has again discussed Section 113-B of the Evidence Act and Section 304-B IPC and has quoted one paragraph of its judgment rendered in the case of Kaliyaperumal Vs. State of Tamilnadu reported in (2004) 9 SCC 157 as under:- "A conjoint reading of Section 113-B of the Evidence Act and Section 304-B IPC shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. The prosecution has to rule out the possibility of a natural or accidental death so as to bring it within the purview of the death occurring otherwise than in normal circumstances. The prosecution has to rule out the possibility of a natural or accidental death so as to bring it within the purview of the death occurring otherwise than in normal circumstances. The expression soon before is very relevant where Section 113-B of the Evidence Act and Section 304-B IPC are pressed into service. The prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates. Evidence in that regard has to be led in by the prosecution. Soon before is a relative term and it would depend upon the circumstances of each case and no straitjacket formula can be laid down as to what would constitute a period of soon before the occurrence. It would be hazardous to indicate any fixed period, and that brings in the importance of a proximity test both for the proof of an offence of dowry death as well as for raising a presumption under Section 113-B of the Evidence Act. The expression soon before her death used in the substantive Section 304-B IPC and Section 113-B of the Evidence Act is present with the idea of proximity test. No definite period has been indicated and the expression "soon before" is not defined. A reference to the expression soon before used in Section 114 Illustration (a) of the Evidence Act is relevant. It lays down that a court may presume that a man who is in the possession of goods soon after the theft, is either the thief who has received the goods knowing them to be stolen, unless he can account for his possession. The determination of the period which can come within the term soon before is left to be determined by the courts, depending upon facts and circumstances of each case. Suffice, however, to indicate that the expression soon before would normally imply that the interval should not be much between the cruelty or harassment concerned and the death in question. There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the death concerned. If the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence." 25. There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the death concerned. If the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence." 25. If it is established by the prosecution that the circumstances to presume the death of the lady as a dowry death are reliable and if all the points are raised from the appellant side is negated it will be a case of confirmation of the conviction and sentence. 26. Admittedly the marriage of the 20 years old girl was solemnized on 21.11.1997, who died on account of burn injuries on 13.9.1998 in the house of her in-laws. 27. It is a case where deceased is said to be all alone in the house when incident took place thus reasons for burn injuries is to be explained and it is to be demonstrated that how and under what circumstances the incident has taken place. 28. Here is a case where none of the accused informed about the incident either to the complainant or to the police. They did not take the deceased to doctor for the treatment. The complainant having received the information came on the spot and it is thereafter all the things proceeded and after cremation the First Information Report was lodged. When the incident is said to have taken place the husband, mother-in-law, father-in-law and other members of the family were away from the house and in fact the door was locked and it is said that she was engaged in the cooking. 29. No explanation from the side of the accused has come that for what purpose and under what circumstances all of them had left the house leaving 20 years old lady in the house alone. Dr. K.P. Gupta, who has conducted the post mortem examination has clearly found the smell of the kerosene oil from the scalp hair of the deceased. The injuries on the body of the deceased were also found about which there is absolutely no explanation from the appellant side. 30. One of the argument of the learned counsel for the appellant is about the delay in lodging the First Information Report. The incident is of 13.9.1998. 31. The injuries on the body of the deceased were also found about which there is absolutely no explanation from the appellant side. 30. One of the argument of the learned counsel for the appellant is about the delay in lodging the First Information Report. The incident is of 13.9.1998. 31. After post mortem and cremation, next day the First Information Report was lodged. In the given set of facts, in no case the argument about delay in lodging the First Information Report can carry any weight. 32. Another argument that there is no evidence of demand of dowry, cannot hold the field in view of the consistent statement of the complainant Hari Om Gupta, the brother of the deceased and J.P. Gupta, who was examined as PW-2, who happens to be the Mama of the deceased. Right from lodging of the FIR and till the oral evidence, it has been confidently established that from time to time there was demand of dowry, inspite of giving valuables in the marriage the lady burst and she elaborated the torture on her. The statement of two witnesses on the issue was not shaken during the course of cross-examination. 33. The submission about there being no torture on the deceased is totally misconceived, as the witnesses in their statement has stated about the mental and physical torture and that stands corroborated by the injuries received soon before the death, which are six in numbers and that was duly proved by the statement of the concerned doctor. 34. Theory of cooking food by filling the kerosene oil in the stove also appears to be equally superfluous as the place of incident is not the kitchen but that is said to be a room where it is said that empty stove was being filled by kerosene oil. One can very commonly understand that if there is no kerosene oil in the stove then how it would go on burning as that has to be switched automatically. Filling of the kerosene oil in a empty stove and that too not in the kitchen rather in a room, automatically will not give any flame so as to take the fire in its clutches the young lady. Filling of the kerosene oil in a empty stove and that too not in the kitchen rather in a room, automatically will not give any flame so as to take the fire in its clutches the young lady. There cannot be any situation about coming of kerosene smell from the scalp hair and at the same time there cannot be any plausible reasons about receiving the injuries on the body of the deceased. This appears to be very improbable situation to which the defense has not been able to cut any ice. 35. It is also not clear and no explanation has come forward that why and how all the members of the family were absent from the house. It has been stated and proved that after committing the offense all kept the dead body on a cot and by closing the door they disappeared. 36. Pramod Kumar Gupta, DW-1, who appeared to protect the accused appellant stated that he saw the deceased having burn injuries which inadvertently spread and he was informed that while pouring kerosene in the stove it so happened. This witness could not stand in the cross examination. When the question was put by the Presiding Officer the witness gave vague and evasive answers in respect to the fact that how the kerosene oil being filled in the stove It can be a situation of flame. If the statement of the witness is accepted then smell of kerosene oil will not be found on the scalp hair of the deceased and she may not be able to get so much injury which may cause her death just after few hours of the burn injuries. Ante mortem injuries can not be the result of use of kerosene which also falsifies the defense theory. Various aspects which are very significant and natural remained silent from being answered with the help of any positive material. All the accused appellants were absent from the house at one point of time i.e. at the time of incident. Appellants did not inform the complainant or to the police about the incident. About the manner and the way it is said that deceased fire caught , has not been explained at all. About the medical assistance also there is a silence. 37. The incident had taken place in the own house of the accused persons. All these aspects, noticed above, remains unanswered. About the manner and the way it is said that deceased fire caught , has not been explained at all. About the medical assistance also there is a silence. 37. The incident had taken place in the own house of the accused persons. All these aspects, noticed above, remains unanswered. Theory of living separate in one and the same house can be a matter of just adjustment due to availability of space in two portions. 38. The Inquest report was performed by the S.D.M., Akshay Lal, PW-5 has no quarrel with the opinion of Punches.. After the opinion of Punch witnesses he has also given his opinion. For convenience both opinions on being summarized are hereby quoted: Opinion of Punches "According to the opinion of the Panches cause of death of Smt. Anju @ Sanju Gupta w/o Sanjiv Kumar Gupta @ Boby, is on account of infecting the injuries and on account of burn. Signature of Panches, Dr. Suresh Chand Gupta, Swatantra Kumar Gupta, Prem Chand Gupta, Jagdish Prasad Verma and Rajendra Babu Gupa". (Translated by us) Opinion of Magistrate: My opinion matches with the opinion of the Panch witnesses, some injuries are found on the body of the deceased. Outer door of the house is locked. Dead body is lying outside. All the family members of in-laws have disappeared. The conditions of death are doubtful. (Translated by us) 39. The prosecution witnesses who appeared as PW-1 and PW-2 stated about the demand of dowry. The testimony of PW-2 was duly corroborated by the statement of PW-1. In the cross examination PW-1 has clearly stated that he did not lodge the First Information Report /complaint about the misconduct of the accused persons as he happens to be of the side of the girl who are at the lower side and in fact they were trying to convince the husband and the family members and thus for long time no written complaint about the torture and demand of dowry was lodged. 40. Submission of learned counsel for the appellant is that as there was no complaint prior to this incident, therefore, the allegation of demand of dowry become unbelievable. We are not at all convinced with the submission of learned counsel for the appellant. In a matrimonial relationship, the family member of the victim always tries and makes their best efforts for the continuance of the marriage. We are not at all convinced with the submission of learned counsel for the appellant. In a matrimonial relationship, the family member of the victim always tries and makes their best efforts for the continuance of the marriage. In case any complaint or any F.I.R. is lodged to this effect then the dispute becomes irreversible and it would further deteriorate the relationship of the wife with her husband and the other family members of her matrimonial home. Due to this reason the complaint of minor incidents of cruelty with the wife or demand of dowry are not generally reported. The Court is required to appreciate the evidence, keeping in view the prevailing circumstances in the society. Therefore, the ground, which has been taken on behalf of the appellant, has absolutely no force. All the two witnesses have made specific allegation that after 'Gauna' ceremony, the demand of dowry was made and the victim was consequently ill treated. She died within one year of marriage. 41. The next submission of learned counsel for the appellant is that there is no evidence on the point that soon before her death, deceased was subjected to cruelty in connection with the demand of dowry is apparently misconceived. The meaning of the words 'soon before her death' has been considered by the Apex Court in various judgments. In the case of Satvir Singh Vs. State of Punjab reported in (2001) 8 SCC 633 , which was followed by Hon'ble Apex Court in the case of Balwant Singh Vs. State of Punjab reported in 2004 (7) SCC 724 and has held as under:- "It is not enough that harassment or cruelty was caused to the woman with a demand for dowry at sometime, if Section 304-B I.P.C. is to be invoked. But it should have happened soon before her death. The said phrase, no doubt, is an elastic expression and can refer to a period either immediately before her death or within a few days or even a few week before it. But the proximity to her death is the pivot indicated by that expression. The legislative object in providing such a radius of time by employing the words "soon before her death" is to emphasis the idea that her death should in all probabilities, have been the aftermath of such cruelty or harassment. But the proximity to her death is the pivot indicated by that expression. The legislative object in providing such a radius of time by employing the words "soon before her death" is to emphasis the idea that her death should in all probabilities, have been the aftermath of such cruelty or harassment. In other words there should be perceptible nexus between her death and the dowry related harassment or cruelty inflicted on her. If the interval elapsed between infliction of such harassment or cruelty and her death is wide the court would be in a position to guage that in all probabilities the harassment or cruelty would not have been the immediate cause of her death. It is hence for the Court to decide, on the facts and circumstances of each case, whether the said interval in that particular case was sufficient to sneft its cord from the concept "soon before her death." 42. In view of the aforesaid, it was for the defense to have explained that how the victim received injuries as the factum of receiving the injuries and the factum of burn can be said to be within the exclusive knowledge of the appellants. The incident has admittedly taken place in the room of the house with the appellants where the lady was all alone. Section 106 of the Indian Evidence Act can be pressed at this stage which reads as under: "106. Burden of proving fact especially within knowledge.- When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him." 43. From the aforesaid provisions it is clear that burden of proof is on the accused to prove the facts which are within his knowledge. When the prosecution establishes the ingredients of the offense charged then the burden is on the accused to prove certain facts within his knowledge or exceptions to which he is entitled to. 44. Here is a case where the deceased received so many ante mortem injuries of which there is no explanation on behalf of the appellants. Adverse inference can be drawn against the appellants about the cruelty in connection with the demand of dowry. It has not been demonstrated by the appellants that the injuries has taken place in some other manner or due to some other reason. The prosecution had discharged its initial burden to prove its case. 45. Adverse inference can be drawn against the appellants about the cruelty in connection with the demand of dowry. It has not been demonstrated by the appellants that the injuries has taken place in some other manner or due to some other reason. The prosecution had discharged its initial burden to prove its case. 45. We find that the appellants were charged under Section 304B I.P.C. The specific allegation leveled against them was that they had subjected the deceased to cruelty far or in connection with the demand of dowry and she had died unnatural death within seven years of her marriage. Thus the appellants knew that they were to defend themselves against the allegation of cruelty. 46. After three years, Section 304-B was inserted by amending Act No.43 of 1986 to deal with cases involving dowry deaths occurring within seven years of marriage. Sub-section (1) of Section 304B IPC lays down that where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called `dowry death', and such husband or relative shall be deemed to have caused her death. By virtue of explanation appearing below sub-section (1), the word `dowry' used therein carries the same meaning as is contained in Section 2 of The Dowry Prohibition Act, 1961. 47. The ingredient of cruelty is common to Sections 304B and 498A IPC, but the width and scope of two sections is different, inasmuch as Section 304B deals with cases of death as a result of cruelty or harassment within seven years of marriage, Section 498A has a wider spectrum and it covers all cases in which the wife is subjected to cruelty by her husband or relative of the husband which may result in death by way of suicide or cause grave injury or danger to life, limb or health (whether mental or physical) or even harassment caused with a view to coerce the woman or any person related to her to meet unlawful demand for property or valuable security. 48. 48. In order to bring home charge under Section 304B IPC, the prosecution is required to establish that the death of the woman has been caused by burns or bodily injury or otherwise than under normal circumstances within seven years of her marriage and soon before her death, the woman is subjected to cruelty or harassment by her husband or his relative. However, for the purpose of conviction under Section 498A IPC, it is sufficient to prove that the woman was subjected to cruelty, as elucidated in the explanation appearing below substantive part of the section, by her husband or his relative. 49. At this stage we are to notice that in maximum cases the married lady dies in an unnatural way, mainly by fire when she is engaged in cooking or by strangulation. One thing is also to be noticed that although there are large number of women residing in a family i.e. mother-in-law, sister-in-law, bhabi, bua or other relatives but it is a rarest thing that they die in such unnatural circumstances and it is most of the time the poor wife of a husband and daughter-in-laws dies. 50. In our country the bride burning and bride hanging case as stated in the preceding paragraph, have become common. These kind of offense are not the ordinary crimes committed in anger or for property. These are crimes against society on account of which the entire social fabric is disrupted. Time has come when everybody is to seriously think over the nature and gravity of the crime. It is very pathetic situation when the young girl aged about 20-25 years leaves her parents to serve another family who is totally unknown to her. She is to be extended even more love, affection and the help in comparison to our own daughter as the lady after marriage is just a part of the family where she is married. She takes care of all the members of the family right from young to old, and therefore, any kind of indiscipline, misconduct with the young lady can be termed as inhuman and nobody can claim any sympathy and deserves any leniency. 51. She takes care of all the members of the family right from young to old, and therefore, any kind of indiscipline, misconduct with the young lady can be termed as inhuman and nobody can claim any sympathy and deserves any leniency. 51. We can again observe here that although the greater responsibility lies on the shoulder of the husband to protect her from any kind of torture or indiscipline, responsibilities of old member of the family i.e. in-laws is more greater and they are to provide a cordial atmosphere and cool in the family. Husband normally remains out in connection with his job but in-laws if they are otherwise retired persons or of old age are throughout present in the house and thus it is their attitude and approach which can have a silent effect in grooming the lady or making her life torturous. Some times even if it is established that it is a case of suicide but everybody knows that this is such a tuffest decision and one can feel the main reason. 52. Learned Trial Judge has discussed each and every prosecution witness in detail apart from the statement of DW-1 and after proper analysis has drawn a conclusion which is well permitted in law. We have also carefully read all the statements and the evidence with the help of the counsels for both sides, which we are to agree. 53. In view of the aforesaid discussion, the following facts are apparent i.e. the deceased was tortured for demand of dowry right from the time of the marriage i.e. 21.11.1997 till she was alive. She was beaten and was burnt in her matrimonial home and she died within a year of the marriage. No explanation about the ante mortem injuries which clearly states about the violence and smell of kerosene oil on the scalp hair has been given. All the accused after the incident left the house and nobody tried to get any medical treatment to the deceased or any information to the police. 54. It is a case where appellants are not able to give any convincing evidence on account of which the role of the either of the three appellants can be separated. The incident having taken place in the own house of the appellants in very suspicious manner has been found totally unnatural. 54. It is a case where appellants are not able to give any convincing evidence on account of which the role of the either of the three appellants can be separated. The incident having taken place in the own house of the appellants in very suspicious manner has been found totally unnatural. All the appellants ran away from the seen did not try to get her life saved and an information to the complainant or the police. On proof of the charge, no difference among them can be carved out. 55. Be as it may, it is a case where in given set of circumstances active involvement of all the appellants is clearly established. On these facts and analysis so made, we are convinced that learned Trial Judge has rightly convicted all the three appellants and sentenced them. 56. Accordingly both appeals fail and are dismissed. 57. Accused Sanjiv Kumar Gupta @ Boby is in jail thus he will serve out remaining sentence. 58. Accused Munni Devi and Jagdish Chandra Gupta are on bail. Earlier their bail was cancelled on 16.10.2012 but after hearing the arguments at earlier stage non-bailable warrant issued against them was kept in abeyance. If these two accused appellants are not behind the prison they will be immediately taken into custody to serve out the sentence. 59. Let the certified copy of this order be sent to the concerned court and the Chief Judicial Magistrate, Kanshi Ram Nagar for compliance of this order and report should be submitted to this court within a month.