Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 150 of 2019 v. Akhilesh Maurya and 2 others) and Session Trial No. 277 of 2017

Hon'ble Rahul Chaturvedi,J. Hon'ble Ms. Nand Prabha Shukla,J.

1. Heard learned counsel for the appellant and learned A.G.A. for the State of U.P. as well as learned counsel for the opposite party nos. 2 to 6 at length and perused the record.

2. Invoking the power under Section 372 Cr.P.C., the informant Rajendra Prasad Maurya is assailing the legality and validity of the judgment and order dated 7.8.2019 passed by Additional Session Judge, Court No. 5, Jaunpur, arising out of Session Trial No.95 of 2017 (State vs. Akhilesh Maurya and 2 others) and Session Trial No. 277 of 2017 (State vs. Jadawati and two others) both arising out of Case Crime No. 960/2016 for the offence under Section 498-A, 304-B, 20-B and 201 IPC and Section 4 Dowry Prohibition Act, (alternative for the offence under Section 302/34 IPC) at Police Station Badlapur, District Jaunpur whereby learned trial Judge have acquitted the opposite party nos. 2 to 6, namely, Mithailal, father-in-law, Amar Bahadur, Nandoi, Jadawati, mother- in-law, Asha, sister-in-law and Suman, Jethani of daughter of the informant Rajendra Prasad Mauya under the aforesaid sections.

3. As per prosecution case, on 31.12.2016 the informant Rajendra Prasad Maurya has given a Tehrir alleging therein that her daughter Sulochana got married with Akhilesh Maurya on 22.06.2010 and she used to torture for demand of dowry and her husband usually used to call him on phone and and demands unspecified goods and money from him. On the fateful day, he gave a call that his daughter committed suicide by hanging herself from the tree in the Ramjanki temple. He further states in Tehrir that there is grudge against family members of Mithailal. It is only Akhilesh who is responsible for this unfortunate incident. There is clear cut concession and discount regarding Mithailal and his family members and only Akhilesh the husband of deceased Sulochana for this unnatural death.

4. After investigation, the Police has submitted the charge sheet under section 498-A, 304-B and 4 of Dowry Prohibition Act, Police Station Badlapur, District Jaunpur. The police has furnished number of documents collected during investigation and lastly the charge sheet No. 960/201 was also submitted by the Investigation Officer of the case against Akhilesh Maurya, Mithailal and Amar Bahadur Maurya.

5. Being a cognizance offence, the case was committed to the Court of Sessions for trial whereby the charges were framed under Sections 498-A, 304-B, 120B and 201 IPC and Section 4 of D.P. Act against Akhilesh Maurya, Mithailal and Amar Bahadur and also framed alternative charge under section 302/34 IPC and thereafter in the subsequent charges were also framed under Sections 498-A, 304-B, 120-B and 201 IPC and section 4 of D.P. Act against Jadawati, Asha and Suman and also framed alternative charge under section 302/34 IPC.

6. During investigation as many as 8 prosecution witnesses were examined in support of prosecution case and as many as 13 documents were exhibited during trial.

7. P.W.1 the informant Rajendra Prasad Maurya states that her daughter Sulochana got married with Akhilesh Maurya on 22.06.2010 and out of their wedlock, there are two sons, Raghu and Raghav. Her daughter often used to make a complain against the entire family on account of unspecified dowry. For this demand, he seeks pardon from the in-laws, however, he is ready to give one almirah to them. He also states that there was illicit relation of Akhilesh with some other girl which was the main problem between the husband and wife and due to this, the entire family members of Akhilesh was robed in the present case.

8. We have carefully gone through the testimony of P.W.1 and there are number of reasons and causes were attributed for unfortunate incident. It is not sure that which cause was dominant over whom whether it was demand for almirah and illicit relation of Akhilesh with some other girl.

9. Similarly, P.W.2 Mahendra Kumar who is uncle of the deceased, states that dead body of the deceased Sulochana was hanging in the Ramjanki temple, no body has seen the incident but it is stated that he has firm faith that Akhilesh Maurya is behind this offence.

10. P.W. 3 Heerawati, mother of the deceased states that she has given gift as per the capacity but her in-laws were demanding Rs.50,000/- and some unspecified articles.

11. P.W.5 Dr. Vinod Kumar who has conducted the autopsy of the deceased states that except ligature mark on the neck of the deceased. She died on account of asphyxia as a result of hanging.

12. P.W.9 Vijay Kumar was also produced who allegedly claimed to be an eye witness of the incident states that Rajendra Prasad, the first informant has shared the information with him with regard to the demand of dowry and harassment with her daughter by the in- laws. On 30.12.2016, while he was returning back around 4-4:30, he saw Akhilesh, Amar Bahadur, Asha and one other lady were dragging Sulochana towards Amar Bahadur's shop and thereafter P.W.9 went away. On 3.12.2016, an information was received to him that this unfortunate incident has taken place and then only he shared his experiences with the first informant Rajendra Prasad.