State Of U.P. vs Deepak Sagar S/O Lalaram And 03 ...
2023 Latest Caselaw 2795 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- GOVERNMENT APPEAL No. - 42 of 2023
 

 
Appellant :- State of U.P.
 
Respondent :- Deepak Sagar S/O Lalaram And 03 Others
 
Counsel for Appellant :- Shiv Kumar Pal
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Shiv Shanker Prasad,J.

This appeal is by the State alongwith application for grant of leave to challenge the judgment and order dated 18.10.2022, passed by the Additional Session Judge, Court No.16, Agra in Session Trial No.467 of 2019 (State vs. Deepak Sagar and others) arising out of Case Crime No.149 of 2019 under Sections 498A, 304B IPC and 4 of Dowry Prohibition Act and alternative section 302 IPC, Police Station Etmaddaula, District Agra, whereby the accused respondents have been granted benefit of doubt and thereby acquitted from the charges levelled against them.

Prosecution case is that the informant's daughter got married to accused respondent no.1 on 23.04.2017 and soon after the marriage there was demand of dowry of Rs.20 lac and on 09.03.2019 the deceased called the informant and asked him to take her or else she would be done to death. When the informant reached the house of accused respondents the deceased was found dead and her body was hanging from the ceiling fan. On the basis of evidence collected during the course of investigation charge sheet was submitted against the accused respondents under sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act.

Trial proceeded in the matter in which PW-1, who happens to be the informant, has not supported the prosecution case and has turned hostile. The autopsy report has been proved by the doctor as per which it was a case of suicide by ante-mortem hanging. No other injury was found on the deceased and her hyoid bone was also found intact. So far as the other evidence with regard to demand of dowry and cruelty is concerned it has been found that none of the prosecution witnesses have supported the allegation of demand of dowry made in the FIR. Trial court on the basis of evidence led in the matter, therefore, has found that this was a case of suicide and the charges levelled against the accused respondents have not been made out. The evidence has also been led at the stage of trial to demonstrate that the deceased was suffering from depression and she was undergoing treatment.

Although learned A.G.A. submits that the prosecution has established its case beyond reasonable doubt but we do not find any substance in such contention inasmuch as the prosecution witnesses have clearly not supported the allegation with regard to demand of dowry and the medical evidence clearly shows that the cause of death is asphyxia as a result of ante-mortem hanging. The view taken by the court below that this was a case of suicide seems to be a permissible view. Law is otherwise settled that in the event view taken by the court is a permissible view in the facts of the case this Court would not interfere with the judgment of acquittal only because a different view could be taken.

In view of the above the prayer made to grant leave is refused. The appeal is consequently dismissed.

Order Date :- 27.1.2023

Ashok Kr.