STATE OF UTTAR PRADESH Vs. ASHOK KUMAR SRIVASTAVA

JUDGEMENT

(1.) Meera Srivastava, a young woman aged about 25 years, died of burns on the night between 20th and 21st July, 1974 at about 2.30 a.m. in the two room apartment of her husband Ashok Kumar Srivastava, original accused No. 1. The marriage had taken place less than a year ago on 13th May, 1973 at Banaras. Both the family of the deceased and the family of the husband hail from Banaras but after their wedding Ashok who was serving as an Assistant Engineer was transferred to Lucknow where he had hired a two room first floor apartment for his residence. The ground floor was occupied by the landlord. The First Information Report was lodged by P. W. 2 J. P. Srivastava, father of the unfortunate woman, after he rushed by taxi to Lucknow on learning about the incident. The offence of murder was registered and in the course of investigation statements of P. W. 1 Prabhat Kumar and P. W. 4 Rajendra Prasad, both brothers residing on the ground floor, came to be recorded. Statements of other witnesses including P.W. 3 Ram Raj Mishra, a fire brigade man, and P. W. 5 S. K. Srivastava, brother of the deceased, were also recorded. On a consideration of the evidence of P. Ws. 1 to 5 as well as the evidence of P.W. 9 Dr. R. K. Aggarwal. The trial court, bearing in mind other circumstances pointed out in the judgment, came to the conclusion that the charge against the three accused was brought home by the prosecution beyond reasonable doubt. On that conclusion the trial Court convicted all the three accused persons under Section 302/34, I.P.C. and sentenced each of them to imprisonment for life. Feeling aggrieved by this order of conviction and sentence recorded by the learned Additional Sessions Judge, Lucknow, the three accused persons preferred an appeal, being Criminal Appeal No. 913/ 1976, to the High Court. That appeal was heard by a Division Bench of the High Court which on a re-evaluation and re-appreciation of the prosecution evidence came to the conclusion that in all probability the deceased Meera committed suicide and the evidence did not disclose the involvement of the appellants/ accused in the commission of the crime. In that view that the High Court took, the High Court allowed the appeal, set aside the order of conviction and sentence passed by the Trial Court and acquitted all the three appellants/ accused. The State of U. P., not satisfied by the judgment rendered by the High Court approached this Court under Article 136 of the Constitution. This Court granted Special Leave to Appeal and that is how the present appeal is before us. In order to understand the prosecution case we may now state the facts in brief.

(2.) Meera and Ashok, both residents of Banaras, were married on 13th May, 1973 at Banaras. On Ashok being transferred to Lucknow, they occupied a two room apartment of house number 557/17K. Ashok and his wife were occupying the first floor whereas P.W.1 and P.W. 4, the two sons of Kedar Singh to whom the house belonged, occupied the ground floor. The prosecution case is that at the time of and immediately after the marriage there was some bickering in regard to the quantum of dowry paid by the bride's father. The allegation is that the father and sister of Ashok were not satisfied with the dowry or expenditure incurred on gifts by the father of the deceased Meera. They were of the view that what was paid in cash as well as by way of gifts at the time of 'Tilak' was short by about Rs. 4,000/-. On account of this feeling the three accused were taunting the deceased and when she tried to defend her father she was tormented and tortured by the accused persons. On 13th July, 1974 both Ashok and Meera had gone to Banaras. While they were there this question of dowry once again raised its head and it is alleged that even on that occasion the father and sister of Ashok misbehaved with Meera and her father and stated that they would not allow Meera to live with Ashok unless Rs. 4,000/- were paid towards dowry. It appears that after this exchange of heated words Ashok left for Lucknow on 18th July, 1974 leaving Meera behind. Meera was naturally perturbed. She wanted to follow him but her father-in-law did not permit her. She then went to the house of her friend Madhu and from there called her brother P. W. 5 Sushil Kumar Srivastava and told him she desired to go to Lucknow as she wanted to find out the attitude of her husband. Despite P.W. 5 advising her not to go to Lucknow in view of the threats administered by the father and sister of Ashok, she went to Lucknow on 20th July, 1974 to the house of her husband. P.W. 5 left her there and returned to Banaras by the 2.00 p.m. by Punjab Mail. On learning about Meera's visit to Lucknow the father and sister of Ashok also went to Lucknow. The prosecution case is that after they reached Lucknow all the three quarrelled and beat Meera during the day and in the dead of night at about 2.30 or 2.45 a.m., they sprinkled kerosene on her and set her ablaze. The house was occupied by Ashok, his father Rajendra Lal and his sister Sudha when the incident occurred. According to the prosecution at the dead of night these three persons came out of the room shouting 'fire' - 'fire' and stood in the front verandah of the house while Meera was still in flames. No effort whatsoever was made by any of them to extinguish the flames or to rescue her. P. W. 1 and P. W. 4 on hearing the shouts came out of their house. P. W. 1 ran up to see what had happened. He was shocked to find that Meera was in flames and the three accused persons were standing in the varandah talking to each other unconcerned about the plight of the woman. P. W. 1 thereafter ran to the nearby fire brigade station and informed the staff there about the incident. P.W. 4 had followed P. W. 1 upstairs. He saw the incident from a place where he was not visible to the accused persons. He saw the accused carry Meera to the next room and after a while brought her back with the tongue protruding out. P. W. 1 returned with the firebrigade men. The fireman, P. W. 3 Ram Raj Mishra, carried Meera on a stretcher to the van and then to the Civil Hospital Hazrat Ganj but the Medical Officer there could not admit her for want of a vacant bed. She was therefore sent to Balrampur hospital where the doctor declared her dead. This in brief, is the prosecution version regarding the actual incident.

(3.) The father of the girl was informed about the incident and as no train was immediately available, he hired a taxi and came to Lucknow. He went straight to the place of occurrence. Since he was a stranger he talked to certain persons, including P. W. 1. and thereafter lodged his First Information Report, Ka-I, at about 7.00 p.m. at Alam Bagh Police Station, Lucknow, Prior thereto it may be mentioned that page No. W. 3 Ram Raj Mishra had taken the three accused persons to the hospital and after they were free from there Ashok's father went to the Police Station at about 6.15 p.m. to lodge a report about his daughter-in-law's death due to burns. This is how the report Exh. Kha-I and the F. I. R. Exh. Ka-I came to be recorded.