SACHIN Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Manish Tiwari, learned Senior counsel assisted by Sri Irshad Husain and Sri Atharva Dixit, learned counsel for the applicants; Sri Ishwar Chandra Tyagi, learned counsel for the informant and Sri G.N. Kanaujia, A.G.A-I for the State.

(2.) There is allegation in the FIR that the informant, Munesh Devi, arranged marriage of her daughter with applicant no. 1, Sachin Kumar, but after initial ceremony of engagement on 7/5/2023, younger brother of the applicant no. 1, applicant no. 2, Ankit, and on the direction of applicant no. 1 and his father, Ram Avtar, started demanding tractor and Rs.2.00 lakhs as additional dowry on 9/5/2023 from the informant and her husband. Since the marriage of her daughter with the applicant no. 1, Sachin was fixed for 13/5/2023, she informed that she cannot make arrangement of additional dowry within such a short time. Applicant no. 2 stated that unless their demand of additional dowry is met they will not come with barat. It is alleged in the FIR that Rs.19.00 lakhs along with a car had earlier been given in dowry to the accused. On account of aforesaid conduct of the accused, the husband of informant committed suicide on 10/5/2023 and FIR was lodged on the same day. Initially, FIR was lodged under Sec. 3/4 of Dowry Act only and implication under Sec. 306 IPC was subsequently made. A suicide note was later recovered by the investigating officer. The deceased committed suicide by jumping before running a train. In the suicide note allegedly recovered it was mentioned that marriage of daughter of the deceased with applicant was fixed with the son of co-accused, Ram Avtar. Initially, dowry of Rs.15.00 lakhs was demanded to which the deceased agreed but thereafter demand started increasing. On 7/5/2023 he arranged about Rs.19.00 lakhs and performed the ceremony of "lagan". On 9/5/2020, applicant no. 2, Ankit, came to his house and stated that if a tractor is not provided till day after tomorrow i.e., on 11/5/2020, they will not come with barat. In such circumstances, the deceased committed suicide. Dead body of the deceased was recovered in two pieces after being run over by train.

(3.) Learned Senior counsel for the applicant submits that it is a case of false implication. The alleged suicide note recovered from the motorcyle of the deceased is highly doubtful. It was planted only to falsely implicate the applicants. The allegation of demand of dowry has been made against applicant no. 2, Ankit, only that he went to the house of deceased and the informant and demanded additional dowry but it is not alleged in FIR. Report of F.S.L expert has not been received regarding the suicide note recovered. The case of abetment of suicide is not made out against the applicants. Reliance on the judgments of the Apex Court in the following cases have been made by the learned Senior Counsel in support of his contentions :-