Anil Kumar Gupta vs State Of U.P

2. In order to consider as to whether the judgment of the High Court convicting the appellant for the offences punishable under the provisions referred to hereinabove suffers from any infirmity requiring our interference, it is just and necessary to notice the relevant facts in brief.

The incident is stated to have taken place in the intervening night of 6th/7th June, 1988 in Mohalla Kambalwala Bagh, Muzaffarnagar and a report was lodged on 7.6.1988 at 8.50 a.m. by Dharmendra Kumar Jain (PW 1), father of the victim. The parents of the victim Poonam (deceased) are the residents of Khatauli, 4 a town nearby Muzafarnagar. The deceased Poonam was married to the appellant Anil Kumar Gupta on 20th April, 1987. Soon after the marriage, the appellant and other accused (since acquitted) allegedly started harassing and torturing the deceased to bring more dowry. She was subjected to both mental and physical cruelty repeatedly. The deceased gave birth to a male child about four months before the occurrence and the same constituted another occasion for the appellant and other accused to demand cash and other valuable articles. Dharmendra Kumar Jain (PW 1), the father of the victim was not in a position to meet their demands. Consequently, the victim was subjected to further harassment. On 6th June, 1988 at about 11 a.m., the victim telephoned to her near relation, namely, Ram Kumar Vaish (PW 2) at Muzaffarnagar complaining about her torture and requested him to see her. Ram Kumar Vaish (PW 2) reached her house in the evening. He heard shrieks of the deceased Poonam coming out 5 of the house. The appellant and his brother Ajay Kumar and sister were shouting inside the house loudly. PW 2 then rang the bell evoking Anil Kumar Gupta, the appellant to come out, but he did not allow him to meet the victim Poonam. PW 2, in turn, informed the complainant (PW 1) about all this at Khatauli at about 10 p.m. On 7.6.1988, the complainant (PW 1) along with his sons and PW 2 reached the house of the accused and found that none of them were present at home. He was informed by the neighbours that in the preceding night, the appellant, his brother and sister had taken Poonam to the hospital when her condition was serious and she was crying "MUJHE JAHAR DEKAR MAAR DIYA". On reaching the District Hospital, PWs 1 and 2 came to know that Poonam had breathed her last and her dead body was lying there. No accused was to be found in the hospital. PW 1 then lodged the FIR whereupon a case was registered and investigation was undertaken by the S.H.O. Shyam Singh Tomar (PW 8). 6

21. We are satisfied that the trial court, for good and cogent reasons, acquitted all the accused including the appellant and it is the High Court which committed error in reversing the well considered judgment of the trial court so far as the appellant is concerned. Be it noted, that on the same evidence the High Court agreed with the trial court to acquit the other accused 24 by refusing to rely on the prosecution story but a different yardstick has been applied so far as the appellant is concerned solely on the ground of his proximity with the victim on that fateful night. That singular circumstance in our considered opinion is not enough to conclude that the appellant forcibly administered the poison to the victim. Even the medical evidence available on record does not support the conclusion. The view taken by the High Court to reverse the order of acquittal is unsustainable both in law and on facts.

22. The impugned judgment is accordingly set aside. The appellant is acquitted of all the charges. The judgment of the trial Court acquitting the appellant shall stand restored. The bail bond executed by the appellant shall stand cancelled.

23.The appeal is allowed.