Judgment:
1 Criminal Appeal No.1654/1997 HIGH COURT OF MADHYA PRADESH JABALPUR Criminal Appeal No.1654/1997 State of M.P. Vs. Motilal and another ---------------------------------------------------------------------------------- Present : Hon'ble Shri Justice N.K. Gupta. ---------------------------------------------------------------------------------- Name of counsel for the parties: Shri G.S. Thakur, Panel Lawyer for the appellant/State. Shri Siddharth Datt, counsel for the respondent No.2. ----------------------------------------------------------------------------------------------------- JUDGMENT
(Delivered on 7th day of September, 2012) The appellant/State has preferred this appeal against the judgment dated 2nd February 1996 passed by the 4th Additional Sessions Judge, Jabalpur in S.T. No.316/89, whereby the respondents were acquitted from the charges of offences punishable under Sections 306/34 of IPC.
2. The prosecution’s case in short is that, on 30.6.1987 at about 6:00 p.m. in the evening, Nanda Bai expired. It is alleged that she committed suicide by setting herself on fire. An intimation about her death was given to the Police Station Gorakhpur, Jabalpur and thereafter, the Investigation Officer prepared a Panchnama-lash Ex.P/27. On 22.7.1987, Jamna Prasad (PW-3) father of the deceased had given a letter Ex.P/1 to S.P. Jabalpur 2 Criminal Appeal No.1654/1997 that the death of the his daughter Nanda be considered as homicidal and proper investigation be done accordingly. Thereafter, nothing was found against the respondents. In the February 1989, Jamna Prasad (PW-3) and his family members gave the statements against the respondents about harassment and torture relating to the dowry demand etc. and also on so many counts, therefore, a case was registered. After due investigation, a charge sheet was filed before the C.J.M. Jabalpur, who committed the case to the Sessions Court and ultimately, it was transferred to the 4th Additional Sessions Judge, Jabalpur.
3. The respondents abjured their guilt. They did not take any specific plea but they have stated that they were falsely implicated in the matter. Jamna Prasad was an Ex-MLA and a renowned advocate of Vidisha District and therefore, he had falsely implicated the respondents in the case. In defence, one Dr. J.C. Wadera (DW-1) was examined to show that the respondents were keeping the deceased with comfort.
4. After considering the evidence adduced by both the parties, the learned 4th Additional Sessions Judge, Jabalpur acquitted the respondents from the charges of the offences punishable under Sections 306/34 of IPC.
5. During pendency of this appeal, the respondent No.1 expired and therefore, the present appeal remains against the respondent No.2 only. 3 Criminal Appeal No.1654/1997 6. I have heard the learned counsel for the parties.
7. The learned Panel Lawyer has submitted that the witnesses have proved the overt act of the respondent No.2 that he harassed his wife in a very badly manner and therefore, the offence punishable under Section 306 of IPC is made out against the respondent No.2. In alternate, he can be convicted for the offence punishable under Section 498-A of IPC also and sentenced him accordingly.
8. On the other hand, the learned counsel for the respondent No.2 has submitted that soon after the death of the deceased Nanda, no allegation was made by her father. After keeping silence for 3-4 weeks, a letter Ex.P/1 was given to the police but in that letter, there was no allegation of any harassment from the side of the respondent No.2. Thereafter, father and relatives of the deceased Nanda had kept silence for two years and thereafter, they gave the statements after two years. There is no reason as to why they kept silence for two years. Under such circumstances, it would be clear that a concocted case was created against the respondent No.2 after two years of death of the deceased. It is also submitted that it is not proved beyond doubt that the death of the deceased was of suicidal nature, whereas it could be an accident and therefore, the respondent No.2 cannot be convicted for the offence punishable under Section 306 of IPC. Learned 4th Additional Sessions Judge, Jabalpur has not committed 4 Criminal Appeal No.1654/1997 any error in acquitting the respondent No.2.
9. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it is to be considered as to whether the respondent No.2 can be convicted for the offence punishable under Section 306 of IPC or Section 498-A of IPC?. if yes, then what would be the sentence against the respondent No.2.
10. Learned counsel for the respondent No.2 has submitted on the basis of evidence given by Dr. B.M. Shrivastava (PW-8) that there was no smell of kerosene found on the body of the deceased and therefore, it is submitted that death of the deceased Nanda was an accident. However, in this connection if merg report Ex.P/22 is perused then, it would be apparent that father of the respondent No.2 had lodged a report that when he went back to his house, he found that his house was giving a smell of kerosene and in the adjacent room of the kitchen, someone was found burnt and a cane of kerosene was present in the kitchen with a burnt Sadi. Looking to the merg intimation Ex.P/22, it is apparent that it is not a case of accident but the deceased Nanda had committed suicide.
11. The prosecution had examined Shakuntala Chourasiya (PW-1), Sudhir Kumar (PW-2), Jamna Prasad (PW-3), Damyanti (PW-4), Ram Awtar (PW-5) and Smt. Laxmi Chourasiya (PW-7) etc. to show about the story of harassment told by the deceased Nanda 5 Criminal Appeal No.1654/1997 to them. Similarly, Rajendra Kumar (PW-9) was also examined to that extent. It is apparent that these witnesses had not alleged initially about any dowry demand etc. and therefore, no charge of the offence punishable under Section 304-B of IPC was framed against the respondents. Under such circumstances, the story told about the dowry demand by these witnesses appears to be an afterthought and concocted, which cannot be believed.
12. If, gist of the entire allegation is considered simultaneously then, it appears that it is a story of ego of the father of the deceased and the respondents. If the deceased was not informed that there was a phone of her relatives, then that incident was stated in an exaggerated manner. Jamna Prasad (PW-3) father of the deceased has stated about the various letters written by him to the respondents and reply received from them. If those letters are read in detail then, it would be apparent that the harassment as alleged by the complainant party were not proved to be harassment at all.
13. For an instance, Jamna Prasad (PW-3) has stated that there is a custom that they could not send the bride by her own, whereas it was for the bridegroom to visit the house of his in-laws to bring his wife at every time and therefore, when the respondent No.2 had no time to visit the house of the parents of the deceased then, Jamna Prasad did not send his daughter to her husband's house and on the contrary, he took her to visit some tourist place. 6 Criminal Appeal No.1654/1997 If the complainant Jamna Prasad was a well worse person and his daughter could not do the domestic work, then he himself must have married his daughter to a person, who had a fleet of servants. Looking to the entire evidence of this witness, it appears that the deceased was reluctant to do the domestic work and her wishes were fulfilled by her father beyond her capacity. If, in-laws of the deceased were scolding the deceased to improve the domestic work, then it does not an amount to be a harassment. Learned 4 th Additional Sessions Judge has mentioned so many instance in his judgment to show that it was the whim of Jamna Prasad and his relatives to behave with the respondents in such a manner so that they made the deceased to be an arrogant person. She was in habit to visit various marriage ceremonies and festivals without getting any permission from her husband and parents in-laws.
14. Though, the prosecution witnesses had stated in a lengthy manner but none of them could say the reason as to why they kept silence for two years in alleging about the harassment done by the respondent No.2. Looking to the contradictions in their statements, it is apparent that a story of harassment was cooked afterwards and the witnesses gave the statements, according to that cooked story.
15. No overt act of the respondents is established beyond doubt by which, it can be said that it falls within the purview of Section 107 of IPC. If the deceased was directed to do the domestic 7 Criminal Appeal No.1654/1997 work and she was scolded to do the domestic work in the house then, such type of directions given by the respondent do not amount to be the harassment. Under such circumstances, no offence punishable under Section 306 of IPC is made out against the respondent No.2. The trial Court has rightly acquitted the respondent No.2 from the charge of the offence punishable under Section 306 of IPC.
16. So far as the offence under Section 498-A of IPC is concerned, it is apparent that the respondent No.1 has expired, whereas mother of the respondent No.2 was not made a party in the appeal. The respondent No.2 being a private practitioner, who was visiting to his clinic and he remained in the house for a very little time. However, there is no allegation against the respondent No.2 that he personally harassed the deceased, whereas only allegations are made against the respondent No.2 that he was not followed the custom to take his wife from the house of her parents' in-laws and he objected that his wife went in the marriage ceremony at Bhopal without getting his permission. The complainant party appears to be an orthodox that the custom should be observed by the respondent No.2, but they did not think proper that before taking the deceased Nanda in some marriage or some other ceremonies of her friends and relatives, a permission is necessary from her husband. The parents of the deceased did not take care to send the deceased to the house of her husband, if he 8 Criminal Appeal No.1654/1997 had no time of visit. On the contrary, due to their interference the deceased could not settle in the house of her husband. She could not understand that being a private practitioner, there were limitations to the respondent No.2 so that he could not arrange for the servants. Under such circumstances, though the statements given by the various witnesses in an afterthought manner and still they could not prove any harassment from the side of the respondent No.2, which may fall within the purview of Section 498- A of IPC. Under such circumstances, the respondent No.2 cannot be convicted even for the offence punishable under Section 498-A of IPC.
17. On the basis of aforesaid discussion, it is apparent that the trial Court has rightly acquitted the respondent No.2 from the charges of the offences punishable under Sections 306 or 306/34 of IPC. There is no basis by which the present appeal can be accepted. Hence, the appeal filed by the State is hereby dismissed by confirming the judgment passed by the trial Court in the case.
18. The respondent No.2 is on bail. His presence is no more required and therefore, it is directed that his bail bonds etc. shall stand discharged.
19. Copy of the judgment be sent to the trial Court alongwith its record for information. (N.K . GUPTA) 9 Criminal Appeal No.1654/1997 JUDGE 07 09.2 pnkj