Raj Kumar Sharma Vs. Union of India (Uoi) Through Secretary, Ministry of Science and Technology and ors. - Court Judgment

Excerpt:
- what remains to be seen is as to whether pinki died an un-natural death within seven years of her marriage and whether her death was attributable to the demand of dowry and further whether she was dealt with cruelty soon before her death. if these ingredients are proved by the prosecution then the conviction of the accused under section 304b, ipc will be complete.[para 9] the question is, in the absence of corpus delicti, could it be presumed that the accused persons alone were responsible for the death of pinki. we must hasten to add here that the accused persons have already been acquitted of the murder charge. [para 9] it is clear that pinki's death was caused because of the burns and not in the normal circumstances. the finding of the trial court and the appellate court in that behalf is correct. for this reason we are not impressed by the argument of the learned counsel that in the absence of corpus delicti, the conviction could not stand. [para10] it is clear that the prosecution has not only proved the offence under section 304b, ipc with the aid of section 113b, indian evidence act but also the offence under section 201, ipc. [para 15] held: we have gone through the judgments of the trial court as well as the appellate court carefully and we find that both the courts have fully considered all the aspects of this matter. we, therefore, find nothing wrong with the judgments and confirm the same. the appeal is, therefore, dismissed.[para 16]d.g.r. patnaik, j.1. heard learned counsel for the parties and with their consent, this application is disposed of at the stage of admission.2. admittedly, the petitioner had, on an earlier occasion also, approached this court with the same prayer for a direction to the respondents for grant of compassionate appointment. with certain observations, the writ application was disposed of giving liberty to the petitioner to approach the concerned authorities of the respondents and with a corresponding direction to them to consider the representation of the petitioner in accordance with the rules.3. it appears that the petitioner had submitted his representation but his prayer for grant of compassionate appointment was rejected on the ground that such prayer for compassionate appointment has become stale after more than ten years of the date of demise of the deceased employee.4. learned counsel for the petitioner would argue that in response to the representation filed by the petitioner, it was the respondents who had given the assurance that his prayer is under consideration and it was only when they had finally decided not to accede to the petitioner's request some time in 2007, that the petitioner had the cause for filing this writ application.5. learned counsel for the respondents would submit that the issue has already been decided in the earlier writ application in which this court has observed that the prayer for compassionate appointment made after nine years of the date of demise of the deceased employee, is highly belated and cannot possibly be granted.6. as it appears from the facts, the petitioner's father had died in the month of may, 1997. the petitioner appears to have filed his application for compassionate appointment about four months thereafter. his claim was though considered, but the benefit of compassionate appointment was not given to him by the respondents on the ground that applicants, more deserving than the petitioner, had to be given priority.7. it appears that for whatever reasons, the time continued to pass and by the date when the petitioner had filed the present writ application, almost ten long years have lapsed. undisputedly, the petitioner had survived all along during the past ten years without the aid of any compassionate appointment from the employer of his deceased father. the very purpose of compassionate appointment having been frustrated, i do not find any merit in this writ application nor any ground for granting the relief claimed by the petitioner.8. in the result, this writ application is dismissed.9. learned counsel for the petitioner submits that recently the central government has come up with a new scheme under which the cases of the dependents of the deceased central government employees may be considered for the purpose of sending them for training programmes. if the petitioner feels that the circular would be of any help to him, he would be at liberty to make the representation accordingly, before the concerned authorities of the respondents.