BALRAM PRASAD AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this appeal by special leave under Article 136 of the Constitution of India the appellant-original complainant has brought in challenge the order of acquittal rendered by the Additional Judicial Commissioner, Lahardagga in Sessions Trial case against the respondent-accused and as confined in Criminal Revision Application No. 10 of 1992 by the High Court of Patna, Ranchi Bench. While granting special leave to appeal a Bench of two learned judges of this Court by order dated 25th March 1996 rejected special leave petition against respondent No. 4 original accused No. 2 Smt. Jhalo Devi, mother-in-law of the deceased while special leave was granted only against respondent Nos. 1, 2 and 3 who are the State of Bihar and original accused Nos. 1 and 3 respectively. Accused Nos. 1 and 3 are the husband and brother-in-law respectively of the deceased Kiran Devi.

(2.) In this case a tragic fate visited a young married woman aged 28 years named Kiran Devi, daughter of the appellant-complainant, who is alleged to have been murdered by the respondent-accused or to have been forced to commit suicide by falling in a well situated on the back side of the house of the accused.

(3.) A few facts leading to these proceedings deserve to be noted at the outset. Deceased Kiran Devi was married to respondent No. 2 Paran Prasad Agrawal in the year 1977. It is the case of the prosecution that even after five to six years of her marriage as no child was born respondent No. 4, the mother-in-law of the deceased against whose acquittal the present proceedings do not survive, and respondent No. 3 the elder brother of the husband of the deceased wanted accused No. 1 respondent No. 2 to marry some other girl by killing Kiran Devi. It is the further case of the complainant father of the deceased that he got her treated by a gynecologist and subsequently she gave birth to two sons. It is alleged that despite the aforesaid events the cruelty meted out to Kiran Devi did not stop. They persisted in demanding dowry and as Kiran Devi did not fulfil their requirement the accused started beating her physically and used to torture her causing danger to her life. That being tired of the torture meted out to her she had earlier tried to jump in the same well about four years ago. But she was saved by the neighbours. In this regard Kiran Devi herself had made a report before the concerned Police Station against her husband and in-laws. Thereafter Kiran Devi started living at her paternal home. However at the instance of her father, a compromise was made with her husband and in-laws and she was brought to the house of her in-laws in the year 1988 where she started to reside till the date of her tragic death. It is the prosecution case that on the fateful night intervening 30th and 31st October 1988 at about 9.00a.m. Kiran Devi fell in the well situated in the backyard of the house of her in-laws which was occupied by all the three accused along with her. That on 31st October 1988 at about 10.00 a.m. her husband respondent No. 2 informed the appellant that his daughter Kiran Devi had died after falling in the well. Thereupon the appellant went to the house of her in-laws where he found the dead body of his daughter lying near the well. That he got shock of his life. Thereafter he visited the house of the accused on 12th November 1988 in order to meet his grandson. At that time he was informed by the neighbours that on the previous night of the date of the occurrence there was quarrel in the house of the accused and they had heard the crying and weeping, of Kiran Devi and she was being assaulted by her in-laws. Smelling a rat, on this information the appellant lodged written report/First Information Report on 12th November 1988 about murder of his daughter Kiran Devi by the accused. It is his case that no case was registered by the police against the accused as approval of the Superintendent of Police had to be obtained. Ultimately on the complaint of the appellant before the Superintendent of Police the case was ordered to be registered on 18th January 1988. After investigation the police submitted chargesheet under Sections 498-A, 302 and 120-B of the Indian Penal Code (IPC for short) against the respondent-accused and the acquitted accused mother-in-law of the deceased before the learned Chief Judicial Magistrate, Lohardagga. Ultimately the case was committed to the Court of Session, namely, the Additional Judicial Commissioner, Lohardagga. The learned trial Judge framed charges against the accused under Section 302 read with Section 34, IPC. On the completion of the trial the learned Judge came to the conclusion that the prosecution had not made out any case under Section 302 read with Section 34, IPC against the accused. The learned Judge in terms held that there was evidence on record that the members of the family of the accused Paran Prasad Agrawal used to assault the victim lady Kiran Devi and they also used to demand dowry from her and there had also been threat given by these accused persons to the victim, that they would kill the victim lady and would get Paran Prasad Agrawal married to another lady. But as the marriage of Kiran Devi took place in the year 1977 and murder took place in the year 1988, and thus more than seven years had elapsed, the presumption that Kiran Devi might have been killed for the sake of dowry cannot be raised. The learned Judge further held that he had no doubt in his mind that these accused persons committed murder of Kiran Devi because of the threat being extended by them but in view of the fact that there was no legal evidence he was helpless and he could not convict these accused persons and the charges fell to the ground. The appellant carried the matter in revision before the High Court. A learned Single Judge of the High Court who decided the Revision Application came to the conclusion that no case was made out for him to interfere in revisional proceedings against the accused as there was no evidence to show that the accused were responsible for the murder of Kiran Devi.