BHAGWATI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The Appellant herein who has been convicted for the offence punishable under Sec. 498-A of IPC is assailing the judgment rendered by the High Court of Uttarakhand at Nainital in Criminal Appeal No.174 of 2003 on 10/4/2014.

(2.) The son of the Appellant - Sh. Sanjay Mishra married Smt. Chandra Devi, the daughter of the complainant - Dharmanand Joshi (PW- 1) according to Hindu customs and rites about a year prior to her death on 15/6/2001. PW-1 presented a complaint before Bagwshwar (P.S.) on 16/6/2001 alleging that his daughter was found dead inside the matrimonial home and only the accused persons were present in the house. It was also stated in the complaint that the daughter of PW-1 had committed suicide by hanging herself. However, he is said to have seen the wounds on his daughter's body during examination and he along with the Patwari saw blood along with water oozing out from the mouth of his daughter. It was further alleged that she was pregnant at the time of her death and further stated that deceased used to inform that her mother-inlaw was commenting on her sarcastically for dowry. Hence, expressing doubt about her death and his daughter having been killed requested suitable action being taken against the culprits. It was also stated by the complainant himself that her husband namely son-in-law was out of city on professional work at Mumbai. The said complaint came to be registered in Crime Case No.1 of 2001 for the offences punishable under Ss. 498- A and 304-B of IPC. The father-in-law, mother-in-law and brother-in-law of the deceased were arraigned as accused and the trial court framed the charge for the offences under Ss. 304-B, 498-A and optional charge under Sec. 302 readwith Sec. 34 of IPC. On behalf of the prosecution, three (3) witnesses namely Dharmanand Joshi, Shambhu Dutt Joshi and Smt. Heera Devi apart from four (4) other witnesses were examined and on behalf of the accused one Smt. Janki Devi was examined. The learned Sessions Judge after trial held that the charge of Sec. 302 readwith Sec. 34 of IPC was not proved against all the accused. So also, for the charge of Sec. 304-B was held to be not proved and accused persons were acquitted for the offences punishable under Sec. 302 readwith Sec. 34 and Sec. 304-B of IPC. However, Accused no.2 - Mother-in-law namely the Appellant herein was convicted for the offence punishable under Sec. 498-A of IPC on the ground that deceased had informed her mother (PW-3) and brother (PW-2) about the harassment she was facing for dowry to which effect they had accordingly deposed before the trial court. Hence, the learned Trial Judge concluded that deceased had committed suicide due to harassment. However, the offence under Sec. 498-A of IPC was held to be not proved against Accused no.1 and Accused no.3 and they came to be acquitted for all the offences alleged.

(3.) The Accused no.2 being aggrieved by the conviction and sentence of three years rigorous imprisonment with fine of Rs.5,000.00 and default sentence of three months imprisonment preferred an appeal before the High Court in Criminal Appeal No.174 of 2003. The High Court on reappreciation of the evidence came to the conclusion that evidence of PW- 3 disclosed that on every visit made by the deceased to the paternal home, she had disclosed the demand of dowry by her mother-in-law as well as other accused persons as an acceptable piece of evidence and as such affirmed the judgment of sessions court. Hence, this Appeal.