LexRAJESH PANDEY versus STATE OF U.P.
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[2009] 4 S.C.R. 1147 RAJESH PANDEY v. STATE OF U.P. Criminal Appeal No. 553 of 2009 MARCH 25, 2009 (DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY, JJ) A B Penal Code, 1860 - ss. 3048 and 498A. - Dowry Prohibition Act, 1961 - ss.3 and 4 - Wife died of bums five years after marriage - Husband and in-laws allegedly burnt C her to death after pouring kerosene on her - Deceased was allegedly tortured and harassed for dowry - Conviction of husband by Courts below - Justification of - Held: On facts, iustified - Accusations were established by cogent evidence - However, sentence reduced to eight years -Crime against D Women. Appellant's wife died of burns about five years after marriage. According to the prosecution, the appellant and his family members tortured and harassed the deceased E for dowry and burnt her to death after pouring kerosene ~ on her. The trial court convicted the appellant, his parents · and his sister under sections 3048 and 498A IPC and under sections 3 & 4 of the Dowry Prohibition Act, 1961. On appeal, the High Court upheld the conviction of appellant, but acquitted his parents a9d sister. Hence the F present appeal. Partly allowing the appeal, the Court HELD: 1. The necessary ingredients of the Section 3048 of IPC are as follows: a) the death of the woman G was caused due to burns, bodily injuries or due to unnatural circumstances; b) the death should be within seven years of marriage; c) soon before death, victim was subjected to cruelty or harassment by her husband or any 1147 H 1148 SUPREME COURT REPORTS (2009] 4 S.C.R A relative of the husband and d) the cruelty or harassment ' ., was for or in connection with any demand for dowry. (Para ..... 5) [1151-F-H; 1152-A] 2. The trial Court and the High Court have with B reference to the evidence on record categorically held that it was not a case of suicide. The victim died of burns. They have referred to letter Ext. Ka-2 to conclude about the demand of dowry and the torture meted out to the deceased. Considering the evidence on record, it is found A c that the accusations were established by cogent evidence. Minor variations in evidence cannot affect the credibility of the prosecution version. The conviction as recorded cannot be faulted. However, the sentence is reduced to eight years. (Paras 6, 7) [1152-B-E] D CRIMINALAPPELLATE JURISDICTION: Criminal Appeal No. 533 of 2009 From the Judgement and Order dated 09.05.2006 of the High Court of Judicature at Allahabad in Criminal Appeal No. 6345 of 2003. E Kuldip Singh, R.K. Pandey, T.P. Mishra, H.S. Sandhu, San jay Katyal, for the Appellants. • S.N. Pandey, C.P. Pandey, for the Respondent. F The Judgement of the Court was delivered by DR. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this Appeal is to the judgment of the G Division Bench of the Allahabad High Court dismissing the ~ appeal filed by the appellant. He was the appellant alongwith three others before the Allahabad High Court. The accused was found guilty of offences punishable under Section 498A of the Indian Penal Code, 1860 (in short the 'IPC') and Sections 3 ~- H and 4 of the Dowry Prohibition Act, 1961 (in short the 'Act'). RAJESH PANDEY V. STATE OF U.P. 1149 [DR. ARIJIT PASAYAT, J] • 3. Background facts, as projected by prosecution in a A nutshell are as follows: The accused appellant is the resident of Village Budhanna, Police Station Chandpur, District Fatehpur. The complainant- informant, Shiv Balak Tiwari is resident of village Garhi, Police B Station Jafarganj, district Fatehpur. Smt. Rekha (hereinafter referred to as the 'deceased') was daughter of complainant, Shiv Balak Tewari, who was married with the accused-appellant, Rajesh Pandey about five years back to the occurrence in question. The accused-appellant Kallu@ Shivdhani is the father c of appellant Rajesh Pandey, Smt. Rama is daughter of Kallu@ Shivdhani and Smt. Shanti Devi is his wife, meaning thereby, Rajesh Pandey is husband, Kallua@ Shivdhani is father-in-law, Smt. Shanti Devi is mother-in-law and Smt. Rama is sister-in- law of deceased. .. 'D The marriage had been performed according to the Hindu rites. In the marriage, dowry etc. was given by the complainant- informant according to his capability but the accused-persons were not happy. They were demanding Buffalo, golden chain and Rs.20,000/- in cash in dowry and for that they were torturing E the deceased, who
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