Allahabad High Court
State Of U.P. vs Munnu And Another on 17 July, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:46338
Court No. - 27
Case :- APPLICATION U/S 378 No. - 31 of 2015
Applicant :- State of U.P.
Opposite Party :- Munnu And Another
Counsel for Applicant :- Govt. Advocate
Hon'ble Brij Raj Singh,J.
1. Heard Sri Rajesh Kumar Singh learned AGA-I for the State and perused record.
2. This application under Section 378 (3) CrPC has been filed by the State for leave to appeal to challenge the judgment and order dated26.9.2014 passed by the Additional District and Sessions Judge, Court No.3, district Sitapur whereby the accused respondents have been acquitted of the charges under Section 306/34 IPC.
3. The prosecution case mentioned by the Dharm Dutt son of Nakchhed indicates that he had married his daughter Ramo Devi with Santosh Kumar son of Gajodhar Awasthi prior to seven years and they were happily living but the Jeth of Ramo Devi and his wife used to harass his daughter and his son-in-law usually. They did not provide food to his son-in-law and his daughter. They also used to say his son-in-law that Bidai (Gauna) of his daughter was done by him without will of the Jeth. The Jeth used to ask his son-in-law to give him money. This fact was apprised by his daughter many times. They were living under pressure and they consumed poison on 30.10.2001 at 4.00 O' Clock. Both were admitted to Tambaur hospital. The daughter of the complainant died in the hospital and his son-in-law was referred to District Hospital, Sitapur. On the basis of written Tahreer, the case was registered in case crime No.180/2001 under Section 306 IPC against the answering respondents. The charges were framed under Section 306/34 IPC. The accused respondents pleaded not guilty and requested for trial.
4. The prosecution produced six witnesses namely, PW-1 complainant Dharm Dutt, PW-2 Smt. Ramguni, PW-3 Manoj Kumar Dixit, PW-4 Constable Clerk Shiv Kumar Bajpai, PW-5 Dr. Narendra Singh Bhadauriya who conducted post mortem of deceased Ramo Devi, PW-6 Dr. Ram Swarup who conducted post mortem of deceased Santosh and PW-7 Investigating Officer Sub-Inspector Kripa Shanker Dixit.
5. The accused respondent were confronted under Section 313 CrPC. They denied charges. They deposed before the Court that the statement given by the witnesses are false. They further deposed before the Court that deceased daughter of the complainant was married with deceased Santosh. Their marriage took place when the father of the accused respondent No.1 was alive. They further deposed that they never demanded money from the deceased. They further deposed that after death of daughter of the complainant, the complainant used to ask the accused to give money. It was further deposed by the accused respondent No.1 that since the brother also died, therefore, they became legal heir of his property and the complainant wanted to drag money from him. DW-1 Chhotey Lal was also produced who deposed in favour of the accused respondents.
6. After adducing evidence on record, the trial Court acquitted the accused respondents hence, the present application for leave to appeal has been filed along with memo of appeal.
7. PW-1 has reiterated the same versions which have been stated by him in the FIR and he has supported the prosecution case. PW-2 is wife of PW-1 and mother of deceased Ramo Devi. She also supported the version of PW-1 in examination-in-chief. The other witnesses are the formal witnesses who had proved the documents.
8. The record reveals that the deceased consumed aluminum phosphide themselves and committed suicide. PW-3 Manoj Kumar Dixit has stated that accused respondents used to ask money from the deceased. He further deposed before the Court that accused respondents did not provide them food for last 3 to 4 days and used to ask money and also scolded. They also asked them to leave the house. The post mortem report indicates that there is no external injury found on the person of the deceased and there was food present in the intestine. Thus, they had taken food. The narration of PW-3 Manoj Kumar Dixit is falsified on the given fact that food was found in the intestine of the deceased though he deposed before the Court that they were not given food for the last 3-4 days. The record further reveals that accused respondent No.1 had not gone for Bidai (Gauna) of deceased. The demand of money is not proved from the record and there is no proof of abetment established against the accused respondents.
9. It appears from the record that the deceased Santosh was unemployed and mentally upset and at the same time he was a married man, therefore, suicide was committed by him along with his wife. The other fact is also important that if money was demanded by the accused respondents, then the deceased had many alternate ways to meet out the problem. To commit the suicide does not mean that the accused respondents abeted the crime. The judgment under appeal has been passed by the lower Court by giving detailed reasoning and no interference is required. The application for leave to appeal is liable to be rejected.
10. Accordingly, the application for leave is rejected and the appeal is also dismissed.
11. Office to send the lower Court record immediately.
Order Date :- 17.7.2023
Rajneesh JR-PS)
