Chhunnar @ Shiv Govind vs State Of U.P.

The instant appeal has been directed against the impugned judgment and order dated 04.01.2008, passed by the learned Additional Session Judge, Court No.1, Unnao, in Session Trial No.6 of 2001(State Vs. Chhunnar @ Shiv Govind and others), arising out of Crime No.233 of 2000, under Sections 306 IPC, Police Station Bangarmau, District Unnao, whereby learned Trial Judge, hold guilty to accused-appellant Chhunnar @ Shiv Govind, under Section 306 IPC and sentenced him 5 years rigorous imprisonment with fine of Rs.3,000/- and in default of payment of fine, the accused-appellant shall further undergo 6 months simple imprisonment.

The facts giving rise to this appeal may be summarized as under:

According to prosecution deceased Smt. Babli was married with accused-appellant about five and half years prior to her death i.e. on 05.06.2000. On 05.06.2000 at about 8.00 A.M. deceased Smt. Babli consumed pills of salphos. Later on she was carried away for treatment in town Bangarmau, District Unnao, where she died.

Appellant-accused with other co-accused persons brought back the dead body of Smt. Babli at their residence in village Ruri Sadikpur, Police Station Saphipur, District Unnao and the in laws of appellant-accused were informed regarding the death of Smt. Babli.

After receiving the information of death of Smt. Babli, the maternal uncle of the deceased Sri Rama Shankar scribed an application and submitted it in the office of Police Station Saphipur in pursuance of which a case against the accusedappellant and other family members was recorded under Section 306 IPC.

The inquest report of death body of Smt. Babli was conducted by P.W.-6, Naib Tehsildar Sri Vinod Chandra Mishra and the body was sent for postmortem.

P.W.-3 Dr. R.M. Gupta, conducted autopsy of dead body of Smt. Babli, with the assistance of another Dr. Sri R.C. Dwivedi.

To prove the guilt of the appellant-accused, the prosecution examined six witnesses. These are P.W.-1 Rama Shankar Dixit complainant and maternal uncle of the deceased, P.W.-2 Smt. Prabha mother of deceased, P.W.-3 Dr. R.M. Gupta who conducted autopsy of dead body of Smt. Babli, P.W.-4 constable Suresh Kumar Verma who recorded chick FIR and made entry in general diary, P.W.5 constable Subhash Chandra Yadav and P.W.-6 Naib Tehsildar Vinod Chandra Mishra who conduced inquest of the dead body and prepared the inquest report with other related documents for the postmortem of the dead body of the deceased.

Appellant-accused in his statement recorded under Section 313 Cr.P.C. admitted that deceased Smt. Babli was his wife and he never subjected to cruelty to her and never provoked her for suicide. P.W.-1, who is maternal uncle of deceased used to carry away his wife deceased Smt. Babli without his permission, which was objected by accused-appellant, then Smt. Babli committed suicide. Thereafter, P.W.-1 Rama Shankar Dixit lodged a false FIR against him.

Heard learned amicus curiae Sri Rishad Murtaza and learned AGA for the State and gone through the entire record.

P.W.-1 Sri Rama Shankar Dixit who is maternal uncle of deceased, stated on oath that deceased Smt. Babli was married with appellant-accused Chhunnar @ Shiv Govind, at about five and half years prior from her death i.e. 05.06.2000. He further stated that he came to know on that very day that his niece Babli has committed suicide, then he had gone to village Ruri Sadikpur, Police Station Saphipur, District Unnao, where he found that body of Smt. Babli was lying on the floor. He further stated that deceased Smt. Babli was issue less after five years of her marriage and the appellant with his family members was taunting her that she is a barren and hussy woman and is of no use for him, because the family of the appellant shall be vanished, due to her being a barren.

P.W.-2 Smt. Prabha, who is the mother of deceased stated on oath that the appellant and other family members of accusedappellant taunting her daughter and saying her that she is of no use for him, because she is a barren and hussy woman and further generation of their family shall be vanished. Appellantaccused Chhunnar @ Shiv Govind, was also subjecting to cruelty to Smt. Babli. Due to harassment and physical torture she had committed suicide.

Both witnesses were cross-examined by the accusedappellant, but nothing could be extracted in favour of the appellant-accused and the statement given in examination in chief remain intact. Thus there is nothing on record, due to which the statement of P.W.-1 and P.W.-2, could be discarded.

P.W.-3 Dr. R.M.Gupta, stated on oath that he has conducted autopsy of the dead body of Smt. Babli on 06.06.2000 and finds following injuries were found:- "Multiple contused swelling on both forearms hand, and about 2 C.M. below right ear.

Dr. R.M. Gupta further stated on oath that membrance of brain, lungs, spleen, liver and kidneys were congested. There were about 100 gram semi digested food in stomach and the membrance were congested. He further stated that the autopsy was conducted with the assistance of Dr. R.C. Dwivedi and the report of autopsy was prepared and was signed by both doctors, which is Ext. Ka-2 is on record.

These witnesses were also cross examined by the appellants-accused but nothing could be extracted in favour of the appellant. Thus the statement of P.W.-3 is also reliable and admissible against the appellant-accused.

P.W.-4 constable Suresh Kumar Verma proved that on 05.06.2000, in pursuance of the application Ext. Ka.1, of complainant P.W.-1 Sri Rama Shankar, he had recorded chick FIR Ext. Ka.3 and this fact was entered in the general diary of police station, which is Ext. Ka-4.

P.W.-5 constable Subhash Chandra Yadav stated on oath that on 05.06.2000 he was entrusted with the dead body of Smt. Babli, after sealed for postmortem with relevant papers and he submitted it to P.W.-3 Dr. R.M. Gupta for postmortem, when he submitted dead both of Smt. Babli to the doctor, the seal was intact and he never permitted to any one to interfere in seal of the dead body.

P.W.-6 Naib Tehsildar, Saphipur Sri Vinod Chandra Mishra stated on oath that on 06.06.2000 he conducted the inquest report of dead body of Smt. Babli in village Ruri Sadikpur, Police Station Saphipur, District Unnao and the relevant papers were also prepared for the postmortem of the dead body in his hand writing with his signature, which are Ext.Ka.5,6,7,8 and 9.

These all formal witnesses were cross-examined by the appellant-accused, but nothing could be extracted in his favour. Thus statement of these all witnesses became conclusive.

P.W.-1 who is maternal uncle of deceased proved that deceased was subjected to mental and physical cruelty by the appellant-accused with the assistance of his family members. Though the family members of the appellant-accused, his father Sri Shiv Narain Shukla and mother Smt. Rajwati have been acquitted by the learned trial judge and appeal against their acquittal has not been filed by the State thats why it will not be just and proper to express any opinion regarding these acquitted persons.

As far as the matter of appellant-accused is concerned, it is proved by P.W.-2, Smt. Prabha, the mother of deceased, that appellant-accused Chhunnar @ Shiv Govind, was beaten her daughter Smt. Babli and this fact was informed to her by the deceased Smt. Babli. She further narrated on oath that deceased Smt. Babli told her that the appellant-accused with the assistance of his other family members harassing her by taunting and saying that she is barren and hussy woman and is of no use for him, because she is not able to give birth of any child for his family. Thus the family of appellant-accused shall vanished, due to these harassment the deceased Smt. Babli consumed pills of salphos and end her life in her prime age.

Appellant-accused was responsible to maintain and protect her wife, but the appellant-accused failed to discharge his liability and he himself tortured and harassed physically and mentally to his wife, to whom she was entrusted. Thus the appellant-accused is instrumental in the tragic end of the life of his wife Smt. Babli.

From the evidence of the P.W.-1 and P.W.-2, it is proved beyond doubt that the appellant-accused is the person who provoked his wife to commit suicide, with a view that after the end of life of his wife Smt. Babli, he would marry again to some other girl, who shall have given birth a child, who shall be the heir of the appellant-accused.

From careful consideration of the evidence of the prosecution, I find no infirmity or illegality in the judgment and order of learned trial judge. Learned Trial Judge passed judgment and order after due and careful consideration of facts, circumstances and evidence available on record. Thats why there is no need to interfere in the judgment.

There is no substance in the appeal and liable to be dismissed. Hence appeal is dismissed and conviction and sentence passed by the learned trial Judge is hereby affirmed.

According to report of learned Chief Judicial Magistrate, Unnao alongwith the report of Superintendent of District Jail, Unnao, appellant-accused has been released on 30.04.2011 after serving the entire sentence of five years and in lieu of default of fine, six month additional imprisonment, total five and half years. Since accused had served entire sentence thats why there is no need to take into custody the accused-appellant.

Let this judgment be notified to the court concerned for compliance.