Madhya Pradesh High Court
Pooranlal vs The State Of Madhya Pradesh on 3 October, 2012
1 Cr. A. No.3284/1999
HIGH COURT OF MADHYA PRADESH JABALPUR
Criminal Appeal No.3284/1999
Pooranlal
Vs.
State of Madhya Pradesh
--------------------------------------------------------------------------
Present :Hon'ble Shri Justice N.K. Gupta.
--------------------------------------------------------------------------
Name of counsel for the parties:
Shri Manish Datt, senior counsel with Shri P. Dubey,
counsel for the appellant.
Shri Punit Shroti, Panel Lawyer the respondent/State.
-------------------------------------------------------------------------------------------
JUDGMENT
(Delivered on 3rd day of October, 2012) The appellant has preferred this appeal against the judgment dated 8.10.1999 passed by the 1 st Additional Sessions Judge Waraseoni, District Balaghat in S.T. No.155/96, whereby the appellant was convicted for the offence punishable under Section 498-A of IPC and sentenced for six months' R.I. with fine of `250/-. In default of payment, he was to undergo for one month's R.I. in addition.
2. The prosecution's case, in short is that, the deceased Lalita Bai daughter of Gomalal (PW-2) was married with the accused Ripesh, son of the appellant on 27.4.1994. Thereafter, the deceased Lalita Bai was residing in the house 2 Cr. A. No.3284/1999 of the appellant. The accused persons were abusing her on the basis of her colour. Once, she was assaulted with a slipper by her husband Ripesh and the accused persons were constantly committing cruelty to her. They were provoking her husband Ripesh to assault the deceased. The accused Dhanendra wrote a letter to the parents of the deceased, in which it was mentioned that they were not interested to keep the deceased Lalita Bai in the house. A complaint was made to the Sarpanch and Dhanendra had accepted his guilt before the Sarpanch. However, their behaviour was not changed. It was alleged that the accused Ripesh assaulted his wife on 21.1.1995 and hence, the deceased committed suicide in the same night by jumping in a well of Rekhlal. The dead body of the deceased was found in a well on 23.1.1995. Dhanendra lodged a merg intimation Ex.P/5 before the S.H.O. Rampayali. A panchnama-lash was prepared and dead body of the deceased was sent for the postmortem. Dr. B.L. Kumbhre (PW-5) conducted the postmortem on the body of the deceased and gave his report Ex.P/3. According to him, the deceased died due to asphyxia but, since body was decomposed, therefore, Dr. Kumbhre could not give any definite opinion about the cause of asphyxia and hence, viscera of the deceased was taken and sent for Forensic Science examination. However, no poisonous substance was found in the viscera of the deceased. After due investigation, a charge sheet was filed before the A.C.J.M. 3 Cr. A. No.3284/1999 Waraseoni, who committed the case to the Sessions Court and ultimately, it was transferred to the 1 st Additional Sessions Judge, Waraseoni.
3. The appellant abjured his guilt. He did not take any specific plea in the case. However, he has stated that the relatives of the deceased have made omnibus allegation against the accused persons, because the deceased had committed suicide. In defence, Shobharam (DW-1) and Shankar Lal (DW-2) were examined to show that the deceased was kept with comfort.
4. After considering the evidence adduced by both the parties, the learned 1st Additional Sessions Judge, Waraseoni acquitted all the accused persons from the charges of offences punishable under Sections 306 & 498-A of IPC and also acquitted the appellant for the offence punishable under Section 306 of IPC, but convicted him for the offence punishable under Section 498-A of IPC and sentenced as mentioned above.
5. I have heard the learned counsel for the parties.
6. The learned senior counsel for the appellant has submitted that the evidence adduced against the accused persons was similar. However, husband of the deceased was acquitted, whereas the appellant who was father-in-law of the deceased was convicted for the offence punishable under Section 498-A of IPC without any basis. The statements given 4 Cr. A. No.3284/1999 by the witnesses Moolchand (PW-1) and Gomalal (PW-2) were not interpreted properly by the trial Court. There is no evidence against the appellant that he committed any cruelty with the deceased and harassed her for any dowry demand. Under such circumstances, it is prayed that the appellant may be acquitted. In alternate, it is submitted that the appellant remained in the custody for two months during the trial and two months during the appeal, therefore, it is prayed that his sentence may also be reduced to the period, which he has already undergone in the custody. However, some fine amount may be imposed upon the appellant.
7. On the other hand, learned Panel Lawyer has submitted that the conviction as well as the sentence directed by the trial Court appears to be correct and there is no basis by which any interference can be done in the conviction and sentence passed by the trial Court.
8. After considering the submissions made by the learned counsel for the parties, it is to be considered as to whether the appeal filed by the appellant can be accepted? And whether the sentence directed against him can be reduced?
9. Gomalal (PW-2) father of the deceased did not allege anything against the appellant. He has stated that marriage of the deceased took place with Ripesh and thereafter, the deceased came to his house for 3-4 times during her life time. 5 Cr. A. No.3284/1999 Nothing adverse had been told by the deceased to her father. When the witness Gomalal went to bring his daughter at the time of Sakranti, she was not sent by the appellant. However, he has stated that looking to the agricultural season, the deceased could not be sent and therefore, she was not sent. Indira Bai (PW-3) sister of the deceased and Gunwanta Bai (PW-4) aunt of the deceased have stated that the deceased had told them that husband, father-in-law and brother-in-law of the deceased were in habit to abuse the deceased after consuming the liquor. Husband of the deceased was also harassing her for demand of money. When Gomalal father of the deceased went to bring the deceased at the time of Sakranti then, she was not sent. Indira Bai has accepted that husband of the deceased was in habit to consume the liquor and to abuse the deceased and therefore, the deceased was not ready to go back to her husband's house, but Indira Bai did not say specifically against the appellant.
10. Looking at the cross-examination of the witnesses Indira Bai and Gunwanta Bai, the learned 1 st Additional Sessions Judge discarded their statement relating to the allegation made against the accused Ripesh husband of the deceased and Ripesh was acquitted. Under such circumstances, the testimony of Indira Bai and Gunwanta Bai, who did not tell much against the appellant cannot be accepted. Similarly, Gomalal did not say anything against the 6 Cr. A. No.3284/1999 appellant. The learned 1st Additional Sessions Judge relied the statement given by Moolchand (PW-1) and convicted the appellant. Actually, the witness Moolchand has stated in para 2 of his statement that the appellant after consuming liquor was in habit to abuse all his family members that they were work shirkers but in the same time, he has accepted that behaviour of the appellant with the deceased was good and he does not know the reason of death of the deceased. The learned 1st Additional Sessions Judge picked up a single sentence from the statement of Moolchand and held that the appellant had committed cruelty with the deceased. In the cross-examination, he has accepted that he did not tell anything to the parents of the deceased about the behaviour of the appellant. Under such circumstances, there is no allegation of demand of dowry etc. and there is no cogent evidence to show that the appellant was harassing the deceased by any manner. The evidence which was not reliable for the accused Ripesh then, how it could be relied against the appellant, where the witnesses especially Gunwanta Bai told against the appellant in omnibus manner. The evidence given by Gunwanta Bai was nowhere corroborated by Gomalal father of the deceased. Under such circumstances, there is no evidence to show that the appellant had done any cruelty with the deceased or he was in habit to harass the deceased. Under such circumstances, there is no evidence by which the 7 Cr. A. No.3284/1999 appellant could be convicted for the offence punishable under Section 498-A of IPC. The learned 1 st Additional Sessions Judge has erred in convicting the appellant for the aforesaid offence.
11. Since the conviction is not sustainable therefore, there is no need to discuss about the point of sentence. On the basis of aforesaid discussion, the appeal filed by the appellant appears to be acceptable and therefore, it is hereby accepted. The conviction as well as the sentence directed against the appellant for the offence punishable under Section 498-A of IPC is hereby set aside. The appellant is acquitted from the charge of offence punishable under Section 498-A of IPC. He would be entitled to get the fine amount back, if he has deposited the same before the trial Court.
12. Since the appellant is in jail therefore, the Registry is directed to issue a release warrant so that the appellant may be released forthwith.
13. A copy of the judgment be sent to the trial Court alongwith its record for information and compliance.
(N.K. GUPTA) JUDGE 03.10.2012 pnkj