Court No. - 71
Case :- CRIMINAL APPEAL No. - 3254 of 2009 Appellant :- Sunil Kumar Respondent :- State of U.P.
Counsel for Appellant :- P.S. Yadav,Lal Chand Mishra Counsel for Respondent :- Govt. Advocate
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Lal Chand Mishra, Advocate (Amicus Curiae) for the appellant and Sri Manoj Kumar Dwivedi, learned AGA for the State.
2. At the outset, learned AGA informs that upon completing his sentence, the appellant has been released from jail on 03.11.2011.
3. The present appeal has been filed against the judgment and order of the Additional District & Sessions Judge, Kanpur Dehat dated 25.05.2009 in Sessions Trial No.295 of 2007 (State Vs. Sunil Kumar), whereby the appellant had been held guilty of offence under Section 306 IPC and sentenced to imprisonment of 5 years. He has completed the sentence and thereafter released, as noted above.
4. In short, the appellant was charged with offences under Sections 498-A, 304-B IPC and 3/4 D.P. Act. While specific allegation of demand of dowry had been made against the appellant in the FIR as also other statements, appear to have recorded during investigation, at the trial, the parents of the deceased namely PW-1 and PW-2 took an ambivalent stand wherein, during cross-examination, they appear to have clearly denied the allegation of demand of dowry, however, at the same time, they appear to have further stated that it cannot be said that no dowry was demanded.
5. As to the cause of death, categorical evidence appears to have been led before the learned trial court that the deceased had committed suicide inasmuch as the cause of death was suicide by hanging and there was no antemortem injuries. It has also been proved during trial that the room from where body of the deceased was recovered, was bolted from inside.
6. In such circumstances, no charge of offence under Sections 498-A or 304-B IPC was found made out against the appellant. The learned trial court appears to have altered the charge to Section 306 IPC and has convicted the appellant.
7. Though, the learned trial court has convicted the appellant under Section 306 IPC, however, perusal of the evidence led before the learned trial court, does not appear to indicate any allegation of abetment to commit suicide having been made and that the appellant had offered any conduct either directly or indirectly, as may have forced the deceased to commit suicide. In a normal case, even if the allegation of dowry is made out, it may not have automatically resulted in proof of accusation of abetment to suicide as commission of suicide is not the normal outcome of demand of dowry. In any case, charge of dowry is not found proved.
8. Accordingly, though the appellant has already undergone the sentence awarded, however, he is found entitled to acquittal in absence of evidence to prove charge of abetment to suicide.
9. The present criminal appeal stands allowed.
10. Before parting, I record that Sri Lal Chandra Mishra, Amicus Curiae for the appellant in present Criminal Appeal, shall be paid counsel's fee as Rs. 10,500/-. State Government is directed to ensure payment of aforesaid fee through Additional Legal Remembrancer, posted in the office of Advocate General at Allahabad, without any delay and, in any case, within one month from the date of receipt of copy of this judgment.
Order Date :- 18.12.2019 Abhilash