ANIL KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The Appellant along with four others was tried for the charges punishable under Sections 498A and 304B, IPC and Section 3/4 of Dowry Prohibition Act, 1961. The learned Sessions Judge, Muzaffarnagar acquitted all of them of the said charges. The State preferred appeal against acquittal in the High Court of Judicature at Allahabad. The High Court confirmed the order of acquittal of all other accused except the Appellant herein. The High Court accordingly convicted the Appellant herein for the offences punishable under Section 498A, IPC and sentenced him to undergo rigorous imprisonment for two years with a fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months, and for the offence punishable under Section 304B, IPC, he was sentenced to undergo rigorous imprisonment for ten years. The High Court also convicted the Appellant for the offence punishable under Section 3 of the Dowry Prohibition Act, 1961 and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 15,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year, whereas under Section 4 of the Dowry Prohibition Act, 1961, the Appellant was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- and in default of payment of fine, he should further undergo rigorous imprisonment for one month. The substantive sentences of imprisonment were however directed to run concurrently. Hence this appeal.

(2.) In order to consider as to whether the judgment of the High Court convicting the Appellant for the offences punishable under the provisions referred to hereinabove suffers from any infirmity requiring our interference, it is just and necessary to notice the relevant facts in brief.

(3.) The Appellant is the husband of the deceased Poonam. The incident is stated to have taken place in the intervening night of 6th/7th June, 1988 in Mohalla Kambalwala Bagh, Muzaffarnagar and a report was lodged on 7.6.1988 at 8.50 a.m. by Dharmendra Kumar Jain (PW 1), father of the victim. The parents of the victim Poonam (deceased) are the residents of Khatauli, a town nearby Muzafarnagar. The deceased Poonam was married to the Appellant Anil Kumar Gupta on 20th April, 1987. Soon after the marriage, the Appellant and other accused (since acquitted) allegedly started harassing and torturing the deceased to bring more dowry. She was subjected to both mental and physical cruelty repeatedly. The deceased gave birth to a male child about four months before the occurrence and the same constituted another occasion for the Appellant and other accused to demand cash and other valuable articles. Dharmendra Kumar Jain (PW 1), the father of the victim was not in a position to meet their demands. Consequently, the victim was subjected to further harassment. On 6th June, 1988 at about 11 a.m., the victim telephoned to her near relation, namely, Ram Kumar Vaish (PW 2) at Muzaffarnagar complaining about her torture and requested him to see her. Ram Kumar Vaish (PW 2) reached her house in the evening. He heard shrieks of the deceased Poonam coming out of the house. The Appellant and his brother Ajay Kumar and sister were shouting inside the house loudly. PW 2 then rang the bell evoking Anil Kumar Gupta, the Appellant to come out, but he did not allow him to meet the victim Poonam. PW 2, in turn, informed the complainant (PW 1) about all this at Khatauli at about 10 p.m. On 7.6.1988, the complainant (PW 1) along with his sons and PW 2 reached the house of the accused and found that none of them were present at home. He was informed by the neighbours that in the preceding night, the Appellant, his brother and sister had taken Poonam to the hospital when her condition was serious and she was crying "MUJHE JAHAR DEKAR MAAR DIYA". On reaching the District Hospital, P Ws 1 and 2 came to know that Poonam had breathed her last and her dead body was lying there. No accused was to be found in the hospital. PW 1 then lodged the FIR whereupon a case was registered and investigation was undertaken by the S.H.O. Shyam Singh Tomar (PW 8).