SUBHASH CHAND GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Three revisionists Subhash Chand Gupta, Pramod Kumar Agrawal and Anirudh Kumar Agrawal have come up to this Court, in revision, challenging impugned order dated 09.05.2006 passed by Additional Session's Judge, court no.4, Rampur, in Session Trial No.16 of 2006, State Vs. Ramesh Chandra Gupta and three others, by which order, trial Judge has refused to discharge them under section 227 Cr.P.C. and has charged them u/s 306/34 IPC in relation to Crime No.177 of 1999.

(2.) Before adverting to the grounds for challenge and revisionists contentions, a quick recapitulation of background facts indicate that Monika, d/o late Vinod Kumar Gupta had married Lokesh Kumar Goel on 21.2.1997 according to Hindu customs and rites, which marriage was solemnised by his elder uncle Ramesh Chandra Gupta with the co-operation of other relatives, since her father was already dead. Husband Lokesh and his parents Ram Kumar Goel and Smt. Asha Devi were dissatisfied with the dowry given in the marriage because of their rapacious attitude and were torturing Monika physically and mentally. Time and again, to save her from such harassment and torture, Monika's parental relatives greased palm of her husband and in -laws but greed for dowry had imbibed them so much that they strangulated Monika to death on 19.1.1988, within eleven months of her nuptial tie. Regarding this crime F.I.R. of Crime No.14 of 1998, State vs. Ram Kumar Goel and others, u/s 304B, 498-A IPC and 3/4 D.P. Act was lodged at police station Swar, district Rampur, in which crime culprits were arrested and concluded investigation culminated in charge-sheeting them for the aforesaid offences. Case was committed to the Session's Court for trial as S.T. No.515 of 1999, State Vs. Ram Kumar Goel and others.

(3.) While the aforesaid trial was pending, 4.3.1998 was the date fixed for remand of the accused, on which date they were produced in Court but were severely abused, threatened and harassed. Husband Lokesh Kumar Goel could not withstand such a temerity and faux pas and therefore, after writing some letters, annexure 4-A to 4-C to the affidavit filed in support of this revision, he committed suicide on the intervening night between 10/11.3.98 inside jail. His cadaver was discovered next day morning, on 11.3.98, and a magisterial inquiry was ordered. During that inquiry, no allegation or suspicion was expressed against the revisionist and the inquiry concluded without fixing responsibility on the revisionists. Not being satisfied with the inaction against the murders of their son, father Ram Kumar Goel moved an application before National Human Rights Commission, vide Annexure No.2 on 31.3.1998, alleging therein that the deceased was poisoned to death. Pending order by NHRC, father filed complaint case No. 763 of 1998,Ram Kumar Goel versus Ramesh Chandra Gupta and others, annexure no.3, u/s 306/109/120B IPC, against three revisionist and Ramesh Chandra Gupta, on 28.5.1998, in the court of ACJM II, Rampur.