State Of Rajasthan vs Jaggu Ram

The facts necessary for deciding the appeal are as under:

The learned Trial Judge analysed the facts, evaluated the prosecution and defence evidence and concluded that the prosecution has succeeded in proving the charge of demand of dowry by the accused and that they were guilty of torturing and treating her with cruelty immediately after marriage till her death. The learned Trial Judge further held that Shanti @ Gokul died due to head injuries within seven years of her marriage. He then held that the defence has failed to explain the cause of death of Shanti @ Gokul. He rejected the defence theory that the deceased was suffering from epilepsy and she died due to injuries suffered because during the bout of fits, her head collided against the door of the house. Accordingly, he convicted the respondent and his wife Shrimati Nathi under Section 304-B and sentenced them to seven years rigorous imprisonment. He also convicted them under Section 498A and sentenced to one years rigorous imprisonment and imposed a fine of Rs.500/- with a direction that if they fail to deposit the amount of fine, the accused shall undergo further imprisonment of three months. The respondent and his wife were also convicted under Section 201, IPC and sentenced to one year rigorous imprisonment with a fine of Rs.500/- and in default to undergo simple imprisonment of three months. The learned Trial Judge directed that all the sentences shall run concurrently. He, however, accepted the defence version that Jeevan Ram was not in the village at the time of death of Shanti and acquitted him.

On appeal, the learned Single Judge of the High Court confirmed the finding that the respondent and his wife Nathi were guilty of demanding dowry but acquitted them of the charge under Section 304-B IPC on the premise that Jeevan Ram had been acquitted and the State had not preferred appeal against his acquittal. However, he upheld their conviction under Section 498A and confirmed the sentence of one years rigorous imprisonment with fine of 500/- and to undergo further imprisonment of three months in the case of default.

In order to prove that Shanti @ Gokul died as a result of injuries inflicted on her body, the prosecution examined PW-1 Atma Ram who largely reiterated the story set out in the first information report. He also explained the apparent discrepancy in the First Information Report and medical report regarding the cause of the death by stating that he mentioned about the burning of his daughter because she had earlier told about such threat held out by her in-laws, but on reaching the spot, he came to know that she died due to injuries on her head. In cross-examination he gave details of dowry items. He categorically denied that his daughter was mentally ill and that he and the accused had taken her out to Dr. Shiv Gautam, a Psychiatrist at Jaipur. He also denied that he had kept the daughter with him for her treatment or that the story of Panchayat was fabricated. The prosecution also examined PW-6 Shankar Lal PW-7 Kana Ram and PW -12 Ram Kishore, who supported the statement of Atma Ram. In their corss-examination each of these witnesses denied the suggestion that the deceased was suffering from epilepsy and she used to get fits. PW-4 Dr. Vijay Kumar gave out that Gokul Devi was admitted in the hospital with head injuries. He was told by the relatives of the injured that the injuries were caused due to fall. They also told that she was an old patient of epilepsy. According to Dr. Vijay Kumar, Shanti remained in the hospital till 4 o clock and in the evening her relatives took her by saying that they will be going to Jaipur. PW- 20 Dr. Shayam Lal Khuteta supported the version of Dr. Vijay Kumar that Shrimati Shanti had two injuries on her head. He gave out that first injury 3 = x = was a bone deep crushed wound on the right side of the temple and the second was punctured wound of = cm. deep in the bone from which the fresh blood was oozing. According to Dr. Shyam Lal Khuteta injury No. 1 was inflicted by heavy weapon and injury no. 2 was inflicted by blunt weapon. The learned Trial Judge relied on the statements of these witnesses in conjunction with the medical reports and concluded that Shanti @ Gokul died as a result of the injuries sustained by her on her head. He then considered the defence plea that Gokul was suffering from epilepsy and she sustained head injuries by colliding with the frame of the door during the bout of fits. This plea of the defence was based on the statement of Jeevan Ram that he used to take Shanti to the doctors for treatment and on one occasion he had taken her to Dr. Shiv Gautam, a mental doctor at Jaipur as also the statements of PW-10 Rameshwar Mali, PW-13 Chittar, PW-14 Maliram, PW-16 Suresh, who were declared hostile, that Gokul was suffering from Epilepsy. In their cross-examination, these witnesses generally stated that Shanti @ Gokul suffered from fits and Jeevan Ram used to take her to Jaipur for treatment. In his cross-examination, PW20- Dr. Shyam Lal Khuteta also stated that long time ago, the deceased had come to him for her treatment of Epilepsy. The learned Trial Judge observed that the story of Gokul suffering from Epilepsy and her having suffered injuries on the head due to fall and consequential striking against the door frame was concocted and was not acceptable because no evidence was produced regarding her treatment for Epilepsy and held that in the absence of any cogent explanation, it was reasonable to infer that the injuries on the head of the deceased were caused by her in- laws. In this regard the learned trial judge also referred to the factum of recovery of lathi at the instance of Jeevan Ram.

The High Court overturned this finding by observing that the prosecution has failed to prove the allegation that the deceased was burnt to death. The learned Single Judge took note of the so-called discrepancy in the First Information Report and the statement of PW1-Atma Ram and held that injuries on the head of Gokul were caused due to her having collided with door frame during bout of fits. For this purpose, he relied on the statements of PW10- Rameshwar , PW13-Chhiter, PW16-Suresh and PW20-Dr. Shyam Lal Khuteta. The learned Single Judge also opined that in view of the acquittal of Jeevan Ram, the other accused cannot be convicted for offence under Section 304B IPC.

A critical analysis of the facts and evidence brought on record shows that the prosecution had succeeded in proving that Shanti @ Gokul died within one and a half years of her marriage. In their statements, PW1-Atma Ram, PW6-ShankarLal and PW12-Ram Kishore (father and brothers of the deceased) categorically stated that the deceased was subjected to harassment and cruelty by her husband-Jeevan Ram, father-in-law-Jaggu Ram, mother-in-law, Nathi Devi, immediately after marriage on the ground that she did not bring sufficient dowry. When the deceased visited her parents house, she made a complaint about the harassment. Thereupon, Atma Ram gave Silver jewellery and Rupees ten thousand cash. Even this also did not satisfy the accused who continued to harass her. After sometime, the deceased was left at her fathers place. She stayed there for eight months. About two and a half months before the death, a meeting was convened in the village, which was attended by 20-25 persons, including PW1-Atma Ram, PW6- Shankar Lal, PW12-Ram Kishore, PW7-Kana Ram, PW8-Gopi Ram, PW9-Mewaram(ex-Sarpanch of Gram Panchayat), Jaggu Ram and four others of village Nathusar also attended the Panchayat. PW7- Kana Ram, PW8-Gopi Ram, PW9-Mewa Ram were independent witnesses. They confirmed that a meeting was held in village Abhawas to discuss the issue of dowry and reiterated what PW1- Atma Ram had told them about the demand of dowry. They were cross-examined at length but the defence could not shake their testimony. Rather, they reiterated the factum of holding the meeting of Panchayat at Amawas wherein the issue of dowry was generally discussed. PW5-Kamal Surana, In-charge, Women Development Agency, Data Ramgarh, is also an independent witness. She gave details of the discussion made in the meeting held on 11.8.1992 where the case of dowry of Shanti @ Gokul, daughter of Atma Ram was considered. According to Kamal Surana, Shanti was very scared and was not able to say anything but her father gave the details of harassment. PW5 also stated that she had gone to the in-laws whereupon, the respondent is said to have objected to her intervention. She also produced a diary maintained by her in which the factum of her meeting at Amawas and Nathusar were recorded.

In the light of the above, we shall now consider whether the prosecution succeeded in establishing the existence of the ingredients of Section 304-B IPC and the High Court committed an error by acquitting the respondent only on the ground that Jeevan Ram had been acquitted by the trial court and the State did not appeal against his acquittal.

We are sure, if the learned Single Judge of the High Court had adverted to Section 106 of the Evidence Act and correctly applied the principles of law, he would not have committed the grave error of acquitting the respondent.

In the result, the appeal is allowed. The impugned judgment is set aside and the conviction of the respondent under Section 304-B read with 201, IPC is restored. He is sentenced to seven years rigorous imprisonment. He shall also pay fine of Rs.500/- and suffer further imprisonment of three months in case of default. If the respondent has already undergone sentence of one year under Section 498A, IPC in furtherance of the judgment of the High Court, then he shall serve out six years imprisonment, apart from paying fine. The respondent shall be immediately taken into custody to serve out his sentence.