LexSTATE OF U.P. versus RAMESH PRASAD MISRA AND ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
STATE OF U.P.
A
v.
RAMESH PRASAD MISRA AND ANR.
AUGUST 13, 1996
(K. RAMASWAMY AND S.B. MAJMUDAR, JJ.]
B
lltdiall Penal Code, 1860: Sectiolls 201, 302 altd 498-A.
Murder-Dowry death-Accused causillg death of wife by strallgulation
altd then bumillg the body--Motive-Demaltd for dowry-Accused pleadillg C
alibi alld statillg that a strallger committed the crime-Elltire prosecutiolt case
rested on circuntstantial evidenc~Accused not exhibiting nonnal hunian
conduct-Evidence of father and sister of deceased regarding dowry
demaltd-Trial of accused altd his mother-T1ial Cowt coltvictillg accused
under sectioll 302 alld imposing death sentence-Accused also convicted altd
sentenced t1nder sectiolls 201 and 498-A-Mother of accused acqt1itted ultder D
Section 302 but convicted under Sections 201and498-A-High Court acquit-
ting both t/ie accused of all the charges-Appeal preferred by S!ate-Held on
facts accused was guilty of offence under Section 302-But sentence of death
converted into life inip1iso1u11enc-<_:onviction and sentence iniposed on ac-
cused by Trial Court under Sections 201 and 498-A upheld-Acquittal of E
mother of accused in respect of all charges upheld.
Evidence Ac~ 1872: Sectwns 8 and 32(1) and 113-B.
Dowry death-Evidence of father and sister of deceased-Held relevant
under Section 8-:lt would raise presumption ullder Section 113-B ill respect
F
of offence under Sectiolt 498-A /PC.
Hostile witltess-Evidelltiary value of
Strictures-High Court-Wrong exclusion of admissible and relevant
evideltce-Deprecation of
G
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.
884of1996.
From the Judgment and Order dated 19.7.88 of the Allahabad High
Court in Crl A No. 2108 of 1987.
H
631
632.
SUPREMECOURTREPORTS (1996)SUPP.4S.C.R.
•A
T .N. Singh and A.S. Pundir for the Appellants.
M.C. Dingra and P.K. Jain, for the Respondents. ,
,
.
' .
.
The following Order of the Court was delivered :
, .
· B
Leave granted.
We have heard learned counsel on both sides.
In Sessions Trial No. 78 of 1985 in the Court of the Special Judge
(E.C. Act), Banda,' the Sessions Judge convicted Ramesh Prasad Misra,
C · the first respondent under Section 302; Indian Penal Code ('!PC', for short)
and sentenced him to death. He was also convicted under Section 201, !PC
and sentenced to undergo rigorous imprisonment (RI) for four years and
to pay a fine of Rs. 1,000 and in default to undergo simple imprisonment
for six months. He ·was also convicted under Section 498'A and sentenced
D · to Undergo twci years; RI and to pay a fme of Rs:· 1,000 and in. default to
undergo further simple imprisonment for six months. All the sentences
were directed to run concurrently. Smt. Butta Devi the second responde~t,
mother 'of the first respondent, was acquitted of the offence under Section
302 but was convicted under Section 201, IPC and sentenced to undergo
.E
F
RI for four years and a fine of .Rs. 1,000 and in default to undergo six
month's simple inlprisonment. She also was convicted under Section 498-A
and sentenced to undergo RI for tWo years and to pay a fine of Rs. 1,000
and in default to.undergo simple imprisonment for a further period of six
months. Both the sentences were directed to-run concurrently. 'A Division
. Bench of Allahabad High Court consisting of B.N. Katju and D.S. Bajpai,
· JJ., however, by judgment dated July 21, 1988 in Criminal Appeal no. 2108
of 1987 acquitted both the respondents of all the charges and also rejected
the reference for confirmation of death sentence. Thus this appeal by
special leave.
· This is one of th'e most horrendotis bed-room murder of a young
G
married girl, Urmila Devi, of 19 years on the intervening night of Septem-
ber 26/27, 1985 in Karwi Town in Banda District of Uttar Pradesh. She was
married to' Ramesh· Pras~d Misr3, aged arou~d 28 ·years," a practising
advocate at Karwi, on April 25, 1985 and hardly after five months she met
with cruel death. She was carrying 4 to 6 weeks', pregnancy. It is not in
H dispute and cannot be disputed that she died due to asphyxia by strangula-
STATE'" RP. MISRA
633
tion as found by PW-1, autopsy Doctor. A contusion of 9 cm x 3 cm size A
was found across the front of the neck underlying skin, muscle, trachea,
oesophague congested and hyoid bone was fractured, extervasation of
blood in the neck region due to injury of neck vessels. It was also found
that the tongue had protruded out and was bitten Excerpt shown. Read the full judgment & AI analysis in Lexace.