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MRITUNJAY YADAV versus STATE OF U.P.

High Court of Judicature at Allahabad

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Mritunjay Yadav v. State Of U.P. - CRIMINAL APPEAL No. 7743 of 2006 [2007] RD-AH 2746 (20 February 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.50

Criminal Appeal No.7743 of 2006

Mritunjay Yadav ............  Appellant

Versus

State of U.P. ............. Opposite Party

Hon'ble R.C. Deepak, J.

Hon'ble K.N. Ojha, J.

The appellant-accused Mritunjay Yadav has filed this criminal appeal against the order of his conviction and sentecne dated 4.11.2006 under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act passed by the learned trial judge in S.T. No.288 of 2005 pertaining to police station Jangipur, district Ghazipur whereby he has awarded the sentence of life imprisonment to him and also imposed fine a sum of Rs.50,000/- wherein he has prayed for his release on bail during the pendency of the appeal.

Learned State counsel was granted time to file objection. The trial court record was also called for. The objection has been filed and after the receipt of the trial court record the prayer for his release on bail is being heard and disposed of accordingly.

For the proper disposal of the bail application, the brief facts of the case are necessarily required to be introduced herewith and the same is mentioned as follows:

According to the F.I.R. Sanju Yadav was the daugher of Subedar Yadav son of Kharpat Singh resident of Mohalla Patthargarh (River Bank Colony) Gora Bazar Kotwali, Ghazipur. Her marriage was settled with Mritunjay Yadav (appellant-accused) and the same was scheduled to be performed on 18.2.1999. A sum of Rs.50,000/-, colour T.V. and other articles were given to the bride groom party in gift, but Mritunjay Yadav and his parents made the demand of a Hero Honda motorcycle and exerted pressure in regard to it and also threatened that in case the said vehicle was not provided, the marriage would not be solemnized and the marriage party would return back without the performance of the marriage. Under the pressure of such demand, anyhow a Rajdoot motorcycle was managed and the same was provided to them and it was assured that an effort would be made to provide the Hero Honda motorcycle and the Rajdoot motorcycle would be returned back. On this assurance, the marriage of Sanju Yadav was performed with Mritunjay Yadav on 18.2.1999 according to Hindu rites and rituals, but the Hero Honda motorcycle could not be provided, as a consequence Mritunjay Yadav and his parents were making continuous demand of the said vehicle. As a result, they ill-treated, tortured, harassed and humiliated Sanju Yadav in all respects. She used to disclose such atrocities committed to her orally and in writing.

On 19.8.2005, Awdhesh, the brother of Sanju Singh visited her house for Rakhi purpose, but the persons named above did not permit him to meet his sister due to non-delivery of Hero Honda motorcycle. On 8.9.2005 the informant received an information that Snake had bitten Sanju Yadav and she was dispatched to his house. When the informant came to his house, he noticed the presence of injuries on different parts of her body including the neck injuries. She was dead. With these allegations the F.I.R. was made.  

The post-mortem on the body of the deceased Sanju Yadav was conducted and the doctor noticed one ligature mark around her neck. Apart from this, he also found four abraded contusions thereon and opined the cause of death due to asphyxia as a result of anti-mortem strangulation.

We have heard Sri V.P. Srivastava, learned Senior advocate assisted by Smt. Kamla Yadav, learned counsel for the appellant-accused, learned A.G.A. for the State and perused the record.

It is a case of alleged dowry death wherein the victim Sanju Yadav is alleged to have been done to death.

Learned counsel for the appellant-accused has raised the following submissions before us;

That the marriage of the victim with appellant-accused was performed on 6.2.1998; that there was no demand of dowry and no hero honda motorcycle was demanded; that no torture or harassment was made to her; that she did not die at the house of her in-laws'.

Learned counsel for the State has filed the objection and has vehemently argued that the marriage of the victim Sanju Yadav with the appellant Mritunjay Yadav was solemnized on 18.2.1999; that there was demand of hero honda motorcycle in dowry; that she was ill-treated, harassed and humiliated for the same; that she was strangulated to death at her in-laws' house and the dead body was lying at the door of the appellant and the same was taken to her parents' place.

We have gone through the arguments of the learned counsel for the parties and the evidence on record. The case of the prosecution from the very beginning is that the marriage of the deceased with appellant Mritunjay Yadav was performed on 18.2.1999 and a marriage card has also been filed in this regard and led the evidence in support of it. The appellant appears to have disclosed the date of marriage as 6.2.1998 and filed the copy of the marriage card in the trial of the case. The demand of hero honda motorcycle alleged to have been made at the time of the settlement of the marriage, but it could not be provided, rather a rajdoot motorcycle was advanced with the assurance that attempt would be made to provide hero honda motorcycle and thereafter the rajdoot motorcycle would be taken back, but that could not be provided. The ill-treatment and harassment in regard to the same were extended to the victim, as she made certain complaints orally and through letters in regard to it. Exhibit Ka-3 is an application made by Manoj Kumar Yadav, P.W.3 to the Station Officer of Police Station Jagnipur, District Ghazipur to the effect that on receiving an information that Sanju Yadav had died due to the snake biting at her in-laws' house. He along with certain others rushed to in-laws' house where he found the dead body of Sanju Yadav lying at the door of the appellant. He noticed injuries on her neck and other parts of her body and she was dead. He managed to carry her dead body to her parents' house and informed the police through the aforesaid application, which put the police machinery to motion, as a consequence the police prepared the inquest of her body and her body was dispatched for post-mortem examination. The informant, being out in connection with service, was informed and he lodged the first information report. A perusal of the post-mortem examination report of the deceased would disclose the presence of injuries on her person and the doctor noted the cause of her death asphyxia, as a result of strangulation. The appellant could not explain the circumstances under which she died, but pleaded that she did not die at his house and the date of marriage as 6.2.1998 to avoid the offence under Section 304-B IPC.

Taking into account the arguments of the learned counsel for the parties and the entire facts and circumstances of the case, but without ventilating any opinion on the merit thereon and the merit of the case, the appeal is admitted.

Issue notice.

In above view of the matter, we are of the opinion that the appellant Mritunjay Yadav has miserably failed to make out a case for his release on bail at this stage, therefore, his prayer for release on bail is hereby refused.

Since there is no provision for the imposition of fine under Section 304-B IPC, the fine imposed upon the appellant shall remain stayed till further order of this Court.

Dated : 20th February, 2007.

ss-7743  


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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