BALARAM PRASAD AGRAWAL versus STATE OF BIHAR & ORS.

Citation: [1996] SUPP. 9 S.C.R. 752 · Decided: 10-12-1996 · Supreme Court of India · Bench: G.N. RAY · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
BALARAM PRASAD AGRAWAL 
v 
STATE OF BIHAR & ORS. 
DECEMBER 10, 1996 
B 
[G.N. RAY AND S.B. MAJMUDAR, JJ.] 
Evidence Act, 1872 : Section 60. 
Hem~ay-Admissibility of-Testimony of witness on basis of informa-
C tion of anotherpeiwn-17ze said infonnant was also examined-Witness also 
approached police and lodged FIR based on that information-lnfonnant 
turned hostile at trial-Held : even if such infonnation was 1uled out as 
hearsay still it remained admissible as conduct of witness who approached 
police and lodged FIR on basis of that infonnation-77zis pan of evidence of 
D 
· · hostile witness would not be hit by mle of exclusion of hearsay evidence. 
Section 8-Conduct-Hearsay evidence was admissible if it explained 
conduct of witness. 
Section 106-Proving of fact-Burden of-Within personal and special 
knowledge of accused-Death of housewife in well in courtyard of house of 
E her in-laws-When incident took place only deceased and accused were 
present in house-Wilful conduct of cme/ty of accused against deceased 
spread over years established-Held: burden initially on prosecution to prove 
case beyond reasonable doubt-But once that burden was discharged it was 
for accused to prove that happened on fateful night which resulted in her 
F 
death since this fact was within personal and special knowledge of ac-
cused-77zis burden not discharged by accused. 
G 
Section 32-Death of housewife in welf-Father deposed about what 
deceased told him earlier about her sufferings at the hands of accused-Heid.· 
such an evidence admissible under S.32. 
Section 114--Death of housewife in a well-I/I-treatment of deceased 
by her husband and in-laws spread over years established-Held: in the 
circumstances of the case, it could be presumed that such ill-treatment 
continued till she was forced to commit suicide. 
H 
Penal Code, 1860: Section 498-A. 
752 
••
RP.AGRAWAL v. STATE 
753 
Circumstantial evidence-Death of housewife in ~et/ in courtyard of A 
house of her in-laws-/11-treatment of deceased by her husband and in-laws 
for not bringing sufficient dowry and also for not giving birth to children 
establishe~Such ill-treatment continued despite giving birth to two 
children-Husband also contemplated to remarry-Deceased earlier t1ied to 
commit suicide by jumping in same well but saved by neighbours-When B 
incident took place only deceased and accused were present in house-Sound 
of qua1Tel and weeping of deceased heard by neighbours-Held: the cir-
cumstances clinchingly established culpability of accuse~eath by accident 
ruled out. 
Constitution of India, 1950 : Article 142. 
Power of Supreme Court to examine the culpability of the accused 
instead of remanding case for retrial-Accused charge-sheeted under Ss.498-
c 
A, 302 and 120-B-But trial court framed charge only under S.302 !PC-Ac-
cused acquitted-Evidence on record clearly attracted charge under S.498-A 
Held : in the circumstances of the case, Supreme Court could itself examine D 
question of culpability of accused for offence under S.498-A so as to obviate 
protraction of trial and multiplicity of proceedings against accuse~ode of 
Criminal Procedure, 1973 Ss.216, 222. 
Criminal Trial : 
Witness-Hostile witness-Held : evidence of hostile witness could be 
relied upon to the extent it co1Toborated prosecution version. 
The respondents-accused were acquitted of the charges under Sec· 
E 
tiou 302 read with Section 34 of the Indian Penal Code, 1860 by the F 
Additional Judicial Commissioner. This finding was upheld by the High 
Court. Hence this appeal by the appellant· original complainant. 
According to the prosecution, the deceased was married to respon· 
dent No. 2. Even after five to six years of her marriage as no child was G 
born respondent No. 3 wanted his younger brother, respondent No. 2, to 
marry some other girl by killing the deceased. After the treatment of the 
deceased by her father, the appellant-original complainant, she gave birth 
to two sons. Despite the aforesaid events the cruelty meted out to the 
deceased did not stop. The accused persons persisted in demanding dowry 
and as the deceased did not fulfil their requirement the accused started H 
754 
SUPREME COURT REPORTS 11996] SUPP. 9 S.C.R. 
A beating her physically and used to torture her causing danger to her life. 
Being tired of the torture meted out to her she had earlier tried to jump 
in a well about four years ago but was saved by her neighbours. 
It was the further case of the prosecut
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