Court: Patna High Court
Bench: JUSTICE Anjana Prakash
Shankar Choudhary & Anr. Vs. State Of Bihar On 13 December 2013
Law Point:
Indian Penal Code, 1860 — Sections 304B, 498A, 306 — Dowry Death — Cruelty — Abetment of suicide — Deceased alleged to have sustained burn injuries and died — She was removed to hospital immediately after she sustained injuries — Had intention of in-laws been to kill her no effort for same taken to save her life — Conviction set aside.
JUDGEMENT
The appellants have been convicted for the offence under Sections 304B, Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years but no rigorous imprisonment under Section 306, Indian Penal Code and a further sentence to undergo rigorous imprisonment for two years each for the offence under Section 498-A, Indian Penal Code by a judgment and order of conviction dated 21.12.2001 passed by the Presiding Officer, Additional Court No. 1, Nalanda, in Sessions Trial No. 35 of 1990/30 of 2001.
2. The case of the prosecution according to Anup Kumar, PW 4, the father of the deceased, is that his daughter had been married with the accused Hira Choudhary in the month of June, 1988. Dowry had been given at the time of the marriage. However, the in-laws used to demand further dowry which he could not fulfil on account of which on 13.6.1989, his daughter was burnt to death and taken to the Hospital where she was found dead.
3. The Defence of the appellants was a false implication and that, in fact, the deceased had died in an accidental fire and all efforts had been made to save her life but despite the same, she had died. The defence examined four witnesses on this point.
4. During Trial, the prosecution examined nine witnesses in order to prove his case. PW 1 Geeta Kumari has been declared hostile. PW 2 Arbind Kumar is the son of the informant, who supports his father’s version that his sister had been burnt to death for ends of dowry. PW 3 Kedar Choudhary has also supported the factum of the occurrence. PW 4 Anup Kumar is the informant who repeats the version given out by him in the First Information Report. PW 5 is the sister of the deceased who supported the prosecution case. PW 6 is formal witness and PW 7 Md. Irfan Hasan had been declared hostile. PW 8 also is a formal witness.
5. PW 9 Dr. Shridhar Narayan Singh conducted the post-mortem of the dead body of the deceased and found burnt injuries on her person. Evidently, the deceased had died on account of burn injuries.
6. DW 1 stated that on the date of occurrence, he went to the place of the house of the deceased and found her in the kitchen having sustained burn injuries. She was immediately removed to the Hospital and when he enquired from the deceased as to how she had sustained burn injuries, she said that it was in course of cooking food. DW 2, DW 3 and DW 4 have also stated the same version.
7. The simple point for consideration is whether there is any cogent material to sustain the conviction of the appellant under Sections 304B and 498A, Indian Penal Code and Section 306, Indian Penal Code. The point which indicates to the innocence of the appellant is the fact that the deceased was removed to the hospital immediately after she sustained injuries. Had the intention of the in-laws been to kill her, obviously, no effort for the same would have been taken to save her life. This admitted position is further fortified by the evidence of the defence witnesses who have categorically stated that when they reached the place of occurrence, they saw the deceased having sustained accidental burn injuries lying in the kitchen and she told them that she had sustained injuries while working.
8. In view of such cogent material, I find it difficult to sustain the conviction of the appellants.
9. Hence, the appeal is allowed. The order of conviction and sentence dated 21.12.2001 passed against the appellants in Sessions Trial No. 35 of 1990/30 of 2001 by the Presiding Officer, Additional Court No. 1, Nalanda is, hereby, set aside.
10. The appellants are discharged from the liabilities of their respective bail bonds.
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