CF0000057806 IN THE HIGH COURT OP I-&.DHYA PRADSSH AT. JA&MPtTR Crimiaal Appeal.No. l ^ ^/1994 APPELLAN' C3.'~-> 'i:....k.us^r Versus RESPONDENT N.Venkat aamanna,soR of N.S. Harayan,aged about 33 yeafs, Occupati®n-Service,Bhilai' Steel PlaBt{/Fesident ®f Quarter No. 1/3 Street So. U.Seeter Z.Bhilai ^ Kagar,Tahsil and distt. Durg,M.P. State ef Madhya Pradesh- APPEJU.. UKDER3ECTION 374(2} OF THE COD2 OP CSIMINAL PROCEDUKE. -»•»- \A#: HI<»aCOURT OP CHHATnSOARH AT BU.AWUR 8B s MOn'BLB MR. JUSTICB PMTmKBR IWWAKBR 6RA. N0. 190/1994 AHPBUANT N.Venkat Ramaima versus nBSPOWDBNT TheStateofChfaHttisgffl-Ii Shri M.D.Dhote, counsel for fhe appellant. Shri Vwelc Sharma, Panel Lawyer for the State. CRIiaDTAL APPBAL UMDBR SBCnON 374t2t OF 1HB - <X)DB C*w fomTOAL PROCEDURE JUDOMBNT (12-01-20101 Heard. 2. This appeal is duccted afaanst the impiigned judgment dated 14.2.1994 passed by fhc Third Additional Sessions Judge, Durg in Sessions Trial No.71/1990 convicting fhje appeUant/accused for fhe offences punishabte undcr Secttons 498-A & 306ofthe todian Penal Code axid sentencic^ TiiTn to undergo rigoious imprisoiuacnt for 3 yeare and 10 years respectivety. i 3. Rosecution veraion imfolded thus. On 31.5.1988, wife df the appeUant namely K.Vani (since deceased) has died after sufferix^ 1C^% bum mjimes ia. ber laatrunoiMril house. On thebas& of mci'g, enquixy was conducted by thc Dy. CoUcctor8hriA.L.Toppo(P.W.-ll) and tae subinltted his Beport on 15.6.88 vide Ex. P/15 aad based on fhc said •seport, FJR w&s icgistend on 18.6.88 agaiast fhc appeBant .^-- and fhree other accused persons. After invcsti^tion, chaBan was filed a^ainst all the accuscd persons naiaelv N.Venhat Ramnanna fhe appeBant, N.S.Narsyaa fether of fhe appellant, Smt. Saraswati xnothcr of tUc appcllant & N. Ravi Shaakar bax»flierof the appeUant AU the four accused persons were prosecuted before fhe trial Court. 4. In order to prove fhe guilt of thc accuscd, prosecution has examined as aiany as 13 witnesses. Five defence witncsses have also bcen cxaiiuaed. Statemcnt of tbc accused were also recoxded under Scction 313 Cr.P.C. in which they denied the ctsaxye teveled against them and pleadcd ianocence aad false nnplication in fhc case. 5. Aftcr heariag learned coimsel for the partte, the trial Court has acquitted the othcr ttuce accused peisons aasd Iias conwfcted and scnteaced the appeBant/wxiused as aicntioned above. Hencc this appeal. 6. Contention of the counsel for fhc appdlant is ttiat on fhe samc set ofevidencc fhc other accused pcrsons have been acqtiitteri and fhcrefore the Court below was aot justificd ia convictii^ the appellaat. Hc further subaalte itwt present is a case wherc the parents of the dcceased have takcn Rs. 10,000 fix>m the appeUant aad to falscty impUcate the accused persons the atlegations have bcen iiude that it is the appcllant aad thc accused pepsons wlio were demaudiag 4owry. He furthcr submite that uafortunatety ./ fhe d^eascd was sufferiag fipom mental dfaoider & for which.she was hospiteli^d on maay occasions aad on accoyat of her mental sickness she has comautted suicide. He afao .aiyied fhat even if thc entare casc of piosecution is taken as it is fhe appcltent caanot be coiivicted for the ofifenoes under Sections 498-A & 306 offhe IPC because the ^ -<»,. '\ T-^^]^'^'^' basic iagredien'ts of ttiese Section» ara inissiBg ta (he present case. m 7. On fhe ofher haad, supporttag the impi^ned judgmcnt it has bcen argucd by Shri Shanaa ttat tfae appeBant should fcel satisficd fhat he has aot been convicted for fhe offeace undcr Section 304-B oftlM; IPC and white taking a lenienf wkw the Coiut bdow has just convicted Itun.uader Sectioas 498-A & 306 IPC. 8. I have heard learued counsel for fhe pwties at lexigth aud perused the record includit^ the iaapugned judguient The uadisputed facte are : ^ fhat tfae marrfc^c of fhc dcccased waa soteHmized widi ffae appeUant ia fhc house of fhe appeBant on 27.2.198S. i^ fhat the deceased has died on 31.6.1988 a6cr suEFem^ 100% burn iajimes. tiJ) fhat at fhe tnne of fhe iacident thc appdlant was not preseat ia fhe house and was on Iu» duty. 9; P.W.-4 K. Aadmflrayan, fetticr of Itoe dcceased faas stated that Rs. 10,000 was givea to fhe fafeer of the appeUant vide Ex.P/5. He has fiirther stated fhat sufficient articles were given to fhe appeBant and hte family memteers durmg marriagc. He has also stated that after two vweka of the inarriiage, pareats ofthe aiyeUant broi^jht Iris dau^iter back ^o Iris house by s^ing that she is safFeriag fiTom ailm^at He has furiher stated fhat at that time ttie deceased was not in.ag. good condition as at tunes she used to taBc to hetself,. ]ai%h to hcrsdf aad tben used to start weepiag. He has further stated that he tcx>k (he deceaseA to Visaldiapatnam wliete she was prcwided treatoient for about 15 days-and after recoveiy stije was agaia seat to her mafriinoiual house. He has also stated fliat after delfeeayof "^. :4, "^ fiSt&.j a chfld in Januaiy 1986, the appellant had conte to Dongctgarh where orie gold ring was given to the appcllant Though he has also stated that his dai^hter hsd mfonned hirn that sbe was not being treated weU by fhe accused persoas hcwever he adinits fhat thc deceased waa sufieariag fi?oia sonie aflment., hc faas furfher admitted fhat prior to fhe xnarriage also lus daughter was providcd treatment acri cven after xnarriage she was beii^ provided treatmcnt by him at Syaiaala Niirsing Honae, Visakhapatnaai. 10. P.W.-6 K-Kriahna Veru, mofher of the deccased has categoricatty stated that no dowiy whatsoever was dcinanded by the accused pcrsons and Rs. 10,000 was given for purchasing dothing aad other itenus. She has furfher stated that she is not aware about any dispute between the appcllant aad the deceased. Shc has admitted ftiat her daughter was iinder treatment for more flian one inonth at Shyamala Nuraing Hoinc and fhe appeBaat had told her that he has been naarned wifh an insaae girl. Thougb she adimts that fhc tetter dated 26.8.87 Ex.P/1 was wntten by her t6 fhe appeUant hdwever she has stated that the portion wherc she has writtcn fhat shc has taken Ra. 10,000 Sxan. fhe appeUaat, has wiongty been aientioiied in fhe letter. Rrom the evidence ofthis witoess rt is fhus clear tbat she bas not inadc any aBegation against the appeBaat. This witness, being laofhcr of thc deeeased coirid hawe been fhe best wttncss and she does not make aay allegation ^jainst any cAe, the entue prosccutton casc becomcs doubtful. -*». 11. P.W.-7 K. Ram Laxinan, brofhcr of the deceased has xnade fhe aUegations ^ainst fhe accused persons as made by his fetlher P.W.-4 Aadiaarayaa. Howewer, fac too admits that he had taken the money fiwm fbe appeBant but states fhat thc said amouat was retumed to him. He also adauls -» that hto sister was suffering ftoia some disease Ibr wluch she was hospitalized. 12. P.W.13 K-Jyoti, sister ofthe dcccascd has alaw inade some alfegatmns agamst the axsused persons Iy saying that her sister was subjected to cruelly by tfae accused persons but she adinlts fhat she had wntten two letters to the biothcr of the appeBant vide Ex.P/7 & P/8. In thoae tBiio letteis adauttedfy, fhere is no aUcgation of cruelty or demand of dowiy by auy ef tbe famSSy inenibe«s of fee appeUant, rafhcr these lettera show tt»e coidtel Betetioa between thc two fa.tiulies. 13. F'roin fhe statementofthese witnesses it ap'pears fhat tfaey Iiave cxa^erated. their versfon ja fh.c court to iiaplicate the accused persdns for the offences as alteged agsdnst fhem. It is cfear fhat aonc of the witnesses has atated aaything spccific ia respcct of thfi aB^atiMis of CBudty which pronipted tbc deceaseid to go for suicade. If tfae entire allegatfoa fa seen ia the Vf^xt of abetment defiaed under Section 107 IPG, nothing to be tenned as iastigation or abetment to do a partknriar tbxag 1s visible putting fhe provisians ofSectioa 107 into motion. Sectfoas 306 aad 107 ofthe Indian Penal Code reads as under: 306. Afcetment »f SuftSSe.-y any pwson cormmts swcids, whoever absls the oommfesfwi ofsuch suicfde, sh<rf? fee punished ttriih imprismmveni of either desayrtion for a ,/ , / term whichmay extend to ten yecas, cofdshatt . afeo be Kable to Ufe. To see whether the act of fhe accused/s^)pellant can be termed as cruelty, a ^teipse of ''abetment" enshrmed in Section 107 IPC appears to be the need, wKich reads as unden ~< "» Section 107. A persan abets the dcmg qf a thing, who - ftr^. - Atst^ates cmy person to So ttiat tlwng; or ' Secondlg — Bngages ivith ane ormore other person or'persons m. any dsnspiracy for ffve domg ofthat thmg, ifan act or iBjegcd omission takes placestn. pwswmoe of Itiat oonspircKy, and m arder to theOomg ofthcct thtng; ar Thini^y.- Ihtenttonally csds, by anyact or tUegrcd oimsswn, the damg ofthcctfhmg. Ejfplanatlon 1. - A pemon who, by vnJfful misrepresentatmn, ar by wfUftd cancealment of a mc^erial fact wfuch he is baund to disctose, voluntcir&y cccuses or procwes, w ccttempts to ccwse or procure, a fhmg to &e done, is scad to wistigate the domg cf that thing. EsylaiuxUon St.- Whoever, eitherpnar to ar cct the tsne of the ccarmasswn of tm, act, does cmyffmig in order tofcicBxtate the oommission of thcit act, cmd thereby fcuaStc^es the commission thereof, is scad to cad the doing af thatact.' Even thc pareats and bn?fhcr of fhe decesaed bave not stated anything wluch coiild lead fhe Judicial aumd to affina the conviction rccorded by the Court beteiw. Aocoidti^ty, this Court finds it difiScuit to be ia agreeinjent wifh the fimdings recorded by tfae Court below. 14. As a result, the appeal is allowed. The jut^meat impugaed is hereby set aside. The accuscd/appdlant js acquitted of fhe cbarge leveUed ^amst hjm. Hc bc set ficc at once if.not required iaanyotbcr case. ^ '<»- Sd!/ Pritinker Biv/afcer Judge f'^;