Patna High Court - Orders
Bunno Yadav vs The State Of Bihar on 25 August, 2023
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.916 of 2022
Arising Out of PS. Case No.-555 Year-2020 Thana- NATHNAGAR District- Bhagalpur
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Bunno Yadav
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Sanjeev Kumar, Adv.
For the Respondent/s : Mr.Parmeshwar Mehta, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
4 25-08-2023Heard Mr. Sanjeev Kumar, learned counsel for the appellant and Mr. Parmeshwar Mehta, for the State.
2. The appellant has been convicted under Section 302 of the IPC and has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 20,000/- and in default of payment of fine, to further suffer R.I. for one year.
3. The appellant is the husband of the deceased.
4. The allegation against the appellant is of Patna High Court CR. APP (DB) No.916 of 2022(4) dt.25-08-2023 2/6 having conspired and killed the deceased for two reasons, viz, non-fulfillment of dowry demand and for carrying on an illicit relationship with his sister-in-law.
5. Though the charge under Section 304B was framed against the appellant but ultimately he stood convicted for the offence under Section 302 and not under 304B, as the allegation of demand of dowry could not be proved during the course of trial.
6. The learned counsel for the appellant has further submitted that none of the witnesses have supported the prosecution case and have been declared hostile, which witnesses include the parents of the deceased as well.
7. According to the Doctor who conducted the postmortem examination on the deceased, there were multiple abrasions on the chest which perhaps suggested assault on the deceased prior to her death. However, there injuries were not of such nature which could have caused or accelerated the death. Precisely for this Patna High Court CR. APP (DB) No.916 of 2022(4) dt.25-08-2023 3/6 reason, the viscera was preserved. The forensic examination report of the viscera discloses that Celphos (aluminum phosphide) was found in the body of the deceased. This is a severe Gastrointestinal irritant and is highly poisonous.
8. The regular defence of the appellant is that the deceased did not have a stable mind and, in depression, she consumed poison.
9. Mr. Parmeshwar Mehta, learned counsel for the State, however has submitted that there is nothing on record, except for an unsuccessful attempt of the defence, to prove that the deceased suffered from any mental imbalance. Apparently, there was no reason for her to be depressed. She had only been married for two years. Apart from this, Mr. Mehta has argued that the Trial court was absolutely justified in employing the provisions contained in Section 106 of the Evidence Act and taking the complete non-explanation of the cause of injuries on the body of the deceased, convicted and Patna High Court CR. APP (DB) No.916 of 2022(4) dt.25-08-2023 4/6 sentenced the appellant under Section 302 IPC.
10. He has further submitted that the conduct of the appellant was admissible under Section 8 of the Evidence Act which further demonstrated that no attempt was made by the appellant, while he was in the company of the deceased while she is still survived, for putting her to any medical aid. Thus, Mr. Mehta, learned APP, submits that the appellant be not granted bail during the pendency of the appeal.
11. On perusal of the records, we have found that none of the witnesses have supported the prosecution case. The allegation against the appellant is also of maintaining an incestuous relationship with his sister-in-law. This allegation could not be proved during the trial but the Trial court has given a finding that the motive for killing the deceased was this illicit relationship.
12. We have further found that there were several abrasions, ante-mortem in nature, on the body Patna High Court CR. APP (DB) No.916 of 2022(4) dt.25-08-2023 5/6 of the deceased but those abrasions were not of such kind which would have killed the deceased. The deceased prima facie appears to have died of poisoning. At the time of inquest, blood was found to be coming out of her nose. The injuries on the deceased could either be deliberately inflicted on her for the purpose of calming her down or for preventing her from consuming poison.
13. We however have no evidence on record for either of the two propositions.
14. Had the deceased consumed poison and was suffering from suffocation for which she was being calmed down by using mild force or that with guilty intent, the deceased was assaulted prior to her death before administering poison to her.
15. As noted above, there is no evidence on record for any one of these circumstances.
16. In this context, we have noted that the appellant has remained in jail for about three years by now.
Patna High Court CR. APP (DB) No.916 of 2022(4) dt.25-08-2023 6/6
17. Considering these aspects of the matter, we have been persuaded to suspend the sentence of the appellant during pendency of the appeal and we order accordingly.
18. The appellant is directed to be released on bail on his furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-XIV, Bhagalpur in connection with Sessions Trial No. 312 of 2021 (G.R. No. 3454 of 2020) arising out of Nathnagar (Madhusudanpur) P.S. Case No. 555 of 2020.
(Ashutosh Kumar, J) ( Alok Kumar Pandey, J) rishi/-
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