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Atul Shukla v. State Of U.P. - CRIMINAL APPEAL No. 3632 of 2007  RD-AH 12193 (18 July 2007)
Court No. 49
Criminal Appeal No. 3269 of 2007
Smt. Champavati Shukla Vs. State
Criminal Appeal No. 3632 of 2007
Atul Shukla Vs. STate
Hon'ble M. K. Mittal, J.
Appellant Smt. Champavati Shukla has preferred criminal appeal no. 3269 of 2007 and appellant Atul Shukla has preferred criminal appeal no. 3632 of 2007 against the judgement and order dated 7.5.2007 passed by Addl. Sessions Judge, F.T.C. No. 1 Kanpur Nagar in S. T. No. 742 of 2003 whereby they have been found guilty and convicted under Sections 498-A, 304-B IPC and have been sentenced to undergo rigorous imprisonment up to seven years and fine has also been imposed on them with default stipulation.
Since these two appeals have been filed against the same judgement, prayer of the appellants to be released on bail during pendency of the appeal is being decided by one order.
Heard learned counsel for the appellants, learned A.G.A. and perused the trial court record.
Brief facts of the case are that the deceased Smt. Mamta was married with appellant Atul Shukla on 27.4.1996 and gauna took place on 18.2.1999 and the incident took place after 11 months and 10 days i.e. on 28.1.2000. The informant who is father of the deceased was informed on telephone on 28.1.2000 at about 3.30 p.m. by one V.K. Pandey that his daughter was seriously ill. Later on Atul Shukla told him on phone that she had died. Complainant along with his family members came to the Sasural of his daughter and found that his daughter had died. He lodged the report. According to the prosecution case after gauna, a car and washing machine were being demanded as additional dowry and when it could not be given she was ill treated and harassed and was finally killed. The post mortem report shows that there was ligature mark 28 cm around the neck of the deceased with a gap of 4 cm on the left side of neck. Besides there were one abrasion 1 cm X 0.5 cm on the left fore head 4 cm above root of nose and one lacerated wound on the left lower lip 1 cm X 0.5 cm X muscle deep. According to the medical officer who conducted the post mortem examination on 30.1.2000, cause of death was asphyxia as a result of hanging.
Learned counsel for the appellants has contended that the deceased was ill and was depressed on account of illness and committed suicide. According to the defense case, she was being treated but there was no improvement in her condition as she was suffering from tuberculosis. Prosecution has denied the fact that she was ill. According to the appellant Atul Shukla he loved his wife but she was too much depressed and committed suicide. But according to learned counsel for the state defense version is not probable. He denied the defense case that she was suffering from any illness and also contended that no reliable document has been filed that she was suffering from any tuberculosis. He has also contended that if the appellant Atul Shukla, who is husband of the deceased, loved and also gave her proper treatment there was no occasion for her to have committed suicide. In this case injuries were also found on the body of the deceased and no probable explanation regarding those injuries has been given by the defense. It has been alleged that the accused Atul Shukla took the body down from the hanging knot and in that process she received injuries but the injuries have been mentioned as anti mortem not as post mortem.
Learned counsel for the appellant has also contended that the appellant Smt. Champavati Shukla is a teacher and at the alleged time of incident she was in her school and in this connection, accused also examined witnesses, who have stated that on 28.1.2000 appellant Smt. Champavati Shukla was in school in the day time.
Considering the facts and circumstances of the case but without prejudice to the merits of the case, appellant Smt. Champavati Shukla be released on bail during the pendency of the appeal on her furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned and also on depositing the amount of fine as imposed on her.
The bail prayer made on behalf of appellant Atul Shukla is liable to be rejected and is hereby rejected.
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