This appeal, filed by the father of the deceased victim, is against the order dated 21.01.2019 passed by the Allahabad High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission., Lucknow Bench in Criminal Misc. Application No. 129789 of 2018, in Criminal AppealCriminal Appeal Shankar Kerba Jadhav and others vs. The State of Maharashtra (AIR 1971 SC 840): "An appeal is a creature of a statute and the powers and jurisdiction of the appellate Court must be circumscribed by the words of the statute. At the same time a Court of appeal is a "Court of error" and its normal function is to correct the decision appealed from and its jurisdiction should be co-extensive with that of the trial Court. It cannot and ought not to do something which the trial Court was not competent to do. There does not seem to be any fetter to its power to do what the trial Court could do." No. 1594 of 2018, whereby the High Court granted bailBail It means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond. "bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence; "bail bond" means an undertaking for release with surety; "bond" means a personal bond or an undertaking for release without surety. No person who has been arrested by a police officer shall be discharged except on his bond, or bail bond, or under the special order of a Magistrate. (S 60) to the Respondent No.2, Sandeep Singh Hora, husband of the deceased victim, convicted by a judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) dated 23.7.2018 of the Additional DistrictDistrict India has 800 districts under 29 federal states and 8 union territories. Adilabad Agar-Malwa Agra Ahilyanagar Ahmedabad Aizawl Ajmer Akola Alappuzha Aligarh Alipurduar Alirajpur Alluri Sitharama Raju Almora Alwar Ambala Ambedkar Nagar Amethi Amravati Amreli Amritsar Amroha Anakapalli Anand Ananthapuramu Anantnag Anjaw Annamayya Anugul Anuppur Araria Ariyalur Arvalli Arwal Ashoknagar Auraiya Aurangabad Ayodhya Azamgarh Bagalkote Bageshwar Baghpat Bahraich Bajali Baksa Balaghat Balangir Baleshwar Ballari Ballia Balod Balodabazar-Bhatapara Balotra Balrampur Balrampur-Ramanujganj Banas Kantha Banda Bandipora Banka Bankura Banswara Bapatla Bara Banki Baramulla Baran Bareilly Bargarh Barmer Barnala Barpeta Barwani Bastar Basti Bathinda Beawar Beed Begusarai Belagavi Bemetara Bengaluru Rural Bengaluru Urban Betul Bhadohi Bhadradri Kothagudem Bhadrak Bhagalpur Bhandara Bharatpur Bharuch Bhavnagar Bhilwara Bhind Bhiwani Bhojpur Bhopal Bichom Bidar Bijapur Bijnor Bikaner Bilaspur Bilaspur Birbhum Bishnupur Biswanath Bokaro Bongaigaon Botad Boudh Budaun Budgam Bulandshahr Buldhana Bundi Burhanpur Buxar Cachar Central Chamarajanagar Chamba Chamoli Champawat Champhai Chandauli Chandel Chandigarh Chandrapur Changlang Charaideo Charkhi Dadri Chatra Chengalpattu Chennai Chhatarpur Chhatrapati Sambhajinagar Chhindwara Chhotaudepur Chikkaballapura Chikkamagaluru Chirang Chitradurga Chitrakoot Chittoor Chittorgarh Chumoukedima Churachandpur Churu Coimbatore Cooch Behar Cuddalore Cuttack Dadra And Nagar Haveli Dahod Dakshin Bastar Dantewada Dakshin Dinajpur Dakshina Kannada Dhenkanal Dholpur Dhubri Dhule Dibang Valley Dibrugarh Didwana-Kuchaman Dima Hasao Dimapur Dindigul Dindori Diu Doda Dr. B.R. 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Kolkata Kollam Kondagaon Koppal Koraput Korba Korea Kota Kotputli-Behror Kottayam Kozhikode Kra Daadi Krishna Krishnagiri Kulgam Kullu Kumuram Bheem Asifabad Kupwara Kurnool Kurukshetra Kurung Kumey Kushinagar Lahaul And Spiti Lakhimpur Lakhisarai Lakshadweep District Lalitpur Latehar Latur Lawngtlai Leh Ladakh Leparada Lohardaga Lohit Longding Longleng Lower Dibang Valley Lower Siang Lower Subansiri Lucknow Ludhiana Lunglei MAUGANJ Madhepura Madhubani Madurai Mahabubabad Mahabubnagar Mahasamund Mahendragarh Mahesana Mahisagar Mahoba Mahrajganj Maihar Mainpuri Majuli Malappuram Malda Malerkotla Malkangiri Mamit Mancherial Mandi Mandla Mandsaur Mandya Munger Murshidabad Muzaffarnagar Muzaffarpur Mysuru Nabarangpur Nadia Nagaon Nagapattinam Nagarkurnool Nagaur Nagpur Nainital Nalanda Nalbari Nalgonda Namakkal Namchi Namsai Nanded Nandurbar Nandyal Narayanpet Narayanpur Manendragarh-Chirmiri-Bharatpur(M C B) Mangan Mansa Marigaon Mathura Mau Mayiladuthurai Mayurbhanj Medak Medchal Malkajgiri Meerut Meluri Mirzapur Moga Mohla-Manpur-Ambagarh Chouki Mokokchung Mon Moradabad Morbi Morena Mulugu Mumbai Mumbai Suburban Mungeli Narmada Narmadapuram Narsimhapur Nashik Navsari Nawada Nayagarh Neemuch New Delhi Nicobars Nirmal Niuland Niwari Nizamabad Noklak Noney North North 24 Parganas North And Middle Andaman North East North Garo Hills North Goa North Tripura North West Ntr Nuapada Nuh Pakke Kessang Pakur Pakyong Palakkad Palamu Palghar Pali Palnadu Palwal Panch Mahals Panchkula Pandhurna Panipat Panna Papum Pare Parbhani Parvathipuram Manyam Paschim Bardhaman Paschim Medinipur Pashchim Champaran Patan Pathanamthitta Pathankot Patiala Patna Pauri Garhwal Peddapalli Perambalur Peren Phalodi Phek Pherzawl Pilibhit Pithoragarh Poonch Porbandar Prakasam Pratapgarh Pratapgarh Prayagraj Puducherry Pudukkottai Pulwama Pune Purba Bardhaman Ranipet Ratlam Ratnagiri Rayagada Reasi Rewa Rewari Ri Bhoi Rohtak Rohtas Rudraprayag Rupnagar S.A.S Nagar Sabar Kantha Sagar Saharanpur Saharsa Sahebganj Saitual Sakti Salem Salumbar Samastipur Samba Purba Medinipur Purbi Champaran Puri Purnia Purulia Rae Bareli Raichur Raigad Raigarh Raipur Raisen Rajanna Sircilla Rajgarh Rajkot Rajnandgaon Rajouri Rajsamand Ramanagara Ramanathapuram Ramban Ramgarh Rampur Ranchi Ranga Reddy Sambalpur Sambhal Sangareddy Sangli Sangrur Sant Kabir Nagar Saraikela Kharsawan Saran Sarangarh-Bilaigarh Satara Satna Sawai Madhopur Sehore Senapati Seoni Sepahijala Serchhip Shahdara Shahdol Shahid Bhagat Singh Nagar Shahjahanpur Shajapur Shamator Shamli Sheikhpura Sheohar Sheopur Shi Yomi Shimla Shivamogga Shivpuri Shopian Shrawasti Siaha Siang Siddharthnagar Siddipet Sidhi Sikar Simdega Sindhudurg Singrauli Sirmaur Sirohi Sirsa Sitamarhi Sitapur Sivaganga Sivasagar Siwan Solan Solapur Sonbhadra Sonepur Sonipat Sonitpur Soreng South South 24 Parganas South Andamans South East South Garo Hills South Goa South Salmara Mancachar South Tripura South West South West Garo Hills South West Khasi Hills Sri Muktsar Sahib Sri Potti Sriramulu Nellore Sri Sathya Sai Srikakulam Srinagar Sukma Sultanpur Sundargarh Supaul Surajpur Surat Surendranagar Surguja Suryapet Tamenglong Tamulpur Tapi Tarn Taran Tawang Tehri Garhwal Tengnoupal Tenkasi Thane Thanjavur The Nilgiris Theni Thiruvallur Thiruvananthapuram Thiruvarur Thoothukkudi Thoubal Thrissur Tikamgarh Tinsukia Tirap Tiruchirappalli Tirunelveli Tirupathur Tirupati Tiruppur Tiruvannamalai Tonk Tseminyu Tuensang Tumakuru Udaipur Udalguri Udham Singh Nagar Udhampur Udupi Ujjain Ukhrul Warangal Wardha Washim Wayanad West West Garo Hills West Godavari West Jaintia Hills West Kameng West Karbi Anglong West Khasi Hills West Siang West Singhbhum West Tripura Wokha Y.S.R. Yadadri Bhuvanagiri Yadgir Yamunanagar Yavatmal Zunheboto Umaria Una Unakoti Unnao Upper Siang Upper Subansiri Uttar Bastar Kanker Uttar Dinajpur Uttara Kannada Uttarkashi Vadodara Vaishali Valsad Varanasi Vellore Vidisha Vijayanagara Vijayapura Vikarabad Viluppuram Virudhunagar Visakhapatnam Vizianagaram Wanaparthy and Sessions Judge/Special Judge (EC Act), Lucknow, hereinafter referred to as the “Sessions Court” in Sessions Trial No.1385 of 2010, for offences under Sections 304B, 498A and 406 of the IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Penal CodePenal Code Indian Penal Code (Naya Samhita-2023), Pakistan Penal code-1960, (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 by staying execution of the sentences of imprisonment.
IN THE SUPREME COURT OF INDIAArticle 124 of the Constitution of India Constitution of India > 124. Supreme Court (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that-- (a) a Judge may, by writing under his hand addressed to the President, resign his office (b) a Judge may be removed from his office in the manner provided in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-- (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause (4): (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
CRIMINAL APPELLATE JURISDICTIONJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.
CRIMINAL APPEAL NO. 520 OF 2020
[ARISING OUT OF SLPSpecial Leave Petition A petition seeking grant of special leave to appeal may be rejected for several reasons. For example, it may be rejected (i) as barred by time, or (ii) being a defective presentation, (iii) the petitioner having no locus standi to file the petition, (iv) the conduct of the petitioner disentitling him to any indulgence by the Court, (iv) the question raised by the petitioner for consideration by this Court being not fit for consideration or deserving being dealt with by the Apex Court of the country and so on. (CRL.) No.2102 OF 2019]
PREET PAL SINGH
versus
THE STATE OF UTTAR PRADESHUttar Pradesh Ancient Aryavarta Region (आर्यावर्त) > District Agra Aligarh Ambedkar Nagar Amethi Amroha Auraiya Ayodhya (Saket) Azamgarh Baghpat Bahraich Ballia Balrampur Banda Barabanki Bareilly Basti Bhadohi Bijnor Budaun Bulandshahar Chandauli Chitrakoot Deoria Etah Etawah Farrukhabad Fatehpur Firozabad Gautam Buddha Nagar Ghaziabad Ghazipur Gonda Gorakhpur Hamirpur Hapur Hardoi Hathras Jalaun Jaunpur Jhansi Kannauj Kanpur Dehat Kanpur Nagar Kasganj Kaushambi Kushi Nagar Lakhimpur Kheri Lalitpur Lucknow (Capital) Maharajganj Mahoba Mainpuri Mathura Mau Meerut Mirzapur Moradabad Muzaffar Nagar Pilibhit Pratapgarh Prayagraj Raebareli Rampur Saharanpur Sambhal Sant Kabir Nagar Shahjahanpur Shamli Shravasti Siddharth Nagar Sitapur Sonbhadra Sultanpur Unnao Varanasi & ANR.
JUDGMENT
Indira Banerjee, J.
1-Leave granted.
2. This appeal, filed by the father of the deceased victim, is against the order dated 21.01.2019 passed by the Allahabad High Court, Lucknow Bench in Criminal Misc. Application No. 129789 of 2018, in Criminal Appeal No. 1594 of 2018, whereby the High Court granted bail to the Respondent No.2, Sandeep Singh Hora, husband of the deceased victim, convicted by a judgment dated 23.7.2018 of the Additional District and Sessions Judge/Special Judge (EC Act), Lucknow, hereinafter referred to as the “Sessions Court” in Sessions Trial No.1385 of 2010, for offences under Sections 304B, 498A and 406 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 by staying execution of the sentences of imprisonment.
3- By an order dated 23.7.2018 in Sessions Trial No.1385 of 2010 the Sessions Court sentenced the Respondent No.2 to Simple Imprisonment of 3 years and fine of Rs.10,000/- under Section 498A of the IPC and in default of payment of fine to further Simple Imprisonment of 3 months; Life Imprisonment for offence under Section 304B of the IPC; Simple Imprisonment for 3 years and fine of Rs.5,000/- for offence under Section 406 of the IPC and in default of payment of fine, further simple imprisonment of 2 months; Simple Imprisonment for 5 years and fine of Rs.15,000/- under Section 3 of the Dowry Prohibition Act and in default of payment of fine, further Simple Imprisonment of 3 months and Simple Imprisonment of one year and fine of Rs.5,000/- under Section 4 of the Dowry Prohibition Act and, in default of payment of fine, further Simple Imprisonment of 3 months. All the sentences were to run concurrently.
4- Being aggrieved by the conviction and sentence, the Respondent No.2 filed an appeal in the High Court which was numbered Criminal Appeal No.9514 of 2018. After filing the appeal, the Respondent No.2 filed Criminal Misc. Application No.129789 of 2018 inter alia prayingPraying It can be interpreted as a political idea. It implicitly assumes the existence of the powerful and the powerless, with an intermediate agency positioned between them. This agency, often unquestioned and abstract, functions to preserve the existing balance between power and poverty. In doing so, prayer operates as a mechanism that normalizes hierarchy, encourages acceptance over challenge, and sustains the status quo without requiring conscious awareness from those who participate in it. that he be enlarged on bail, during the pendency of the aforesaid appeal. The said application has been allowed by the order dated 21.1.2019 under appeal.
5- The High Court recorded the submission made on behalf of the Respondent No.2 that (i) No FIR in relation to demandDemand In economics, the amount of a good or service that consumers are willing to buy at a particular price. for dowry or harassment had been filed before the death of the victim; (ii) the Respondent No.2 had taken Rs. 2,50,000/- as loan from the brother of the victim and not as dowry, which was established because the brother of the victim had not been produced as a witness; and (iii) that the deceased had committed suicide which was evident from the post mortem report. The cause of death as shown in the post mortem report was “asphyxia as a result of ante mortem hanging”.
6- The High Court briefly recorded the submission on behalf of the State and on behalf of the Appellant and then the submission on behalf of the Respondent No.2, in rebuttal, that the Respondent No.2 had been framed.
7- After recording the submissions of the respective parties, the High Court passed a short, cryptic, non speakingSpeech 400 million years ago, the larynx was developed and allowed for communication with other animals. 60 million years ago, human beings talked about Dynosure or like animals in India. The vocal tract was in place to support modern human discourse as early as 300,000 years ago in the Indian subcontinent. order, under appeal before this Court, which is set out hereinbelow for convenience:-
“After hearing learned counsel for the parties and going through the record, we find force in the argumentsArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument. raised by learned counsel for the accused-appellant. Keeping in view the facts and circumstances of the case, without commenting anything on meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. of the case, we are of the considered opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. that accused-appellant is entitled to be released on bail.
Let accused-appellant, namely Sandeep Singh Hora convicted in aforesaid Sessions Trial No. 1385 of 2010 be enlarged on bail during pendency of appeal subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned.
It is clarified that no stay order has been passed in respect of fine imposed on the accused appellant and the same shall be deposited within four weeks from today and in default, the accused-appellant shall be deprived from the benefit of the bail order passed today.
The bail bonds after being accepted, shall be transmitted to this Court for being kept on record of this appeal.”
8- It is not in dispute that the victim died in circumstances which were not natural, on the night of 24/25.8.2010, within about 8½ months of her marriage with the Respondent No.2 on 12.12.2009.
9- On 25.8.2010, at about 3.05 a.m., a First Information Report No.352/2010 was registered on the complaint of the Appellant, pursuant to which, a criminal case being CrimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. No.480 of 2010 was initiated against Respondent No.2, his parents and his sister Sonia @ Disha Chhugani under Sections 498A, 304B, 406 and 411 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
10. After investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. into the case, the Investigating Officer submitted a chargesheet against the Respondent No.2, his father Balvir Singh, his mother Manjeet Kaur and his sister Sonia @ Disha Chhugani.
11- The case was committed to the Sessions Court, after which charges were framed against the accused under Sections 498A, 304B and 406 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, to which the accused pleaded not guilty and claimed trial. The accused were absolved of the charge under Section 411 of the IPC.
12- In Sessions Trial No.1385 of 2010, the Prosecution examined eight witnesses, including the Appellant, being the complainant in the FIR, his wife, being the mother of the victim and his sister Rajendra Pal Kaur, being the paternal aunt of the victim. The defence also examined five witnesses. The Respondent No.2 and the other accused were examined under Section 313 of the Criminal Procedure Code (CrPC).
13- The evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 adduced before the Sessions Court, has meticulously been recorded in the judgment and order dated 23.7.2018, under appeal before the High Court. The family members of the victim, who deposed before the Sessions Court, have given oral evidence that the Appellant had spent moneyMoney Χρήματα, νόμισμα (currency), Old French monoie, Pecunia, Money supply, Reserve money, Monetary System, Money-laundering, Electronic Money, Money Transfer, Promissory notes. Coin of Alexander (330 B.C.E). Dematerialized form is Paper Currency( In USA 1600 CE and in 1861 in India). Money makes men. Balance of Payments, Net borrowing. Euro, Dollar, INR. beyond his financial capacity, for the wedding of his daughter, that is, the victim. However, soon after the marriage of the victim to the Respondent No.2 on 12.12.2009, the victim’s in-laws as well as the Respondent No.2, her husband, harassed her mentally and physically for more dowry.
14- From the oral evidence of the victim’s parents, and other family members, it transpires that the victim used to make phone calls to her mother, maternal grandmother and her aunt, complaining of harassment meted out to her by the members of her matrimonial family. There is oral evidence that the Appellant’s wife used to console her by saying that things would settle down in due course.
15- From the oral evidence it also transpires that the in-laws of the victim used to pressurize the victim to bring cash from her parents. On 17.6.2010, the Respondent No.2 along with his father Balvir Singh came to Sitapur and took cash of Rs.2,50,000/- from the victim’s brother, Pritam Singh. From the oral evidence of the Appellant, it transpires that on the evening of 24.8.2010, the victim rang up the Appellant twice, complaining of atrocities. She was frightened and expressed fear for her life. On the same night at 12.15 a.m. the Appellant was informed that his daughter had died.
16- The 2nd Prosecution Witness, being the mother of the victim, stated that the family had spent approximately Rs.21 lacs for the marriage of the victim. They had gifted I-10 car, which they had purchased, after obtaining loan against insurance policy. However, after marriage, the in-laws of the victim started harassing the victim, demanding cash of Rs.15 to 20 lacs, alleged to have been promised by her parents and also demanding a Pajero car in place of the I-10 car.
17- The post mortem report reveals the following ante-mortem injuries:-
“Oblique ligature mark 30 cm x 1.5 cm on front and around the neck just above thyroid cartilage; both lungs and membranes congested; right heart chamber full and left empty; there was some semi- digested food material available in stomachStomach It was attached to vertebrates approximately 450 million years ago, along with fruit-bearing trees. ; liver, spleen, both kidneys congested; uterus empty and normal; the death had possibly taken place half day before post-mortem. As per the opinion of the witness, the deceased had died due to asphyxia as a result of ante mortem hanging.”
18- The Respondent No. 2 and his parents were examined under Section 313 of the Cr.PC. They denied practically everything, except the factFact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. that the Respondent No.2 had married the victim on 12.12.2009. They emphasized on the fact that the victim had committed suicide, and contended that the entire investigation had been conducted under the supervision and instructions of a motivated IPS officer, who was a friend of the Appellant.
19- The Respondent No.2 and/or his parents have, in their examination under Section 313 of the CrPC, suggested that the deceased victim had wanted to marry some other boy, but had been compelled by her parents to marry the Respondent No.2 and that she frequently used to talk with and exchange messages with that boy. There is also a suggestion that the victim had committed suicide because of mental illness. Significantly, on the one hand it is insinuated that her involvement with another boy led to the suicide and on the other hand it is suggested that she committed suicide due to mental illness. The suggestions are somewhat contradictory and in any case the suggestion of mental illness is unsupported by any evidence whatsoever.
20- Through three of the witnesses examined by the defence, namely, one Shri K.K. Pandey, Sub-Divisional Engineer, Mobile Services (Security) who deposed as the 1st Defence Witness, Shri Madhu Balusu, Nodal Officer, Reliance Communications, Gomti Nagar, Lucknow who deposed as 2nd Defence Witness, and Shri Prashant Mishra who deposed as 3rd Defence Witness, the defence made an attempt to establish the victim’s involvement with the said Prashant Mishra. The evidence of the aforesaid three witnesses evinces calls from the victim’s phone to the phone in the name of Prashant Mishra, and from the said phone to the phone of the victim and also exchange of some messages between the two phones. However, the said Prashant Mishra, who deposed as Defence witness said, that the phone in his name was always kept at homeHome Αρχική > and used by his parents and sister. The victim was a class friend of his sister, Prachi. He did not know the mobile numberNumber Αριθμός of the victim. The victim used to talk to his sister Prachi. This witness deposed that he knew that the victim had married the Respondent No.2. He said that his sister Prachi and his mother had attended the wedding. This witness categorically asserted that phone calls to and from the victim from this phone number were not made in his presence, nor were the messages exchanged in his presence.
21- The 4th Defence Witness, Smt. Lajwanti Chugani (mother-in-lawLaw νόμος: Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article of Sonia @ Disha Chhugani) and the 5th Defence Witness Shri Bhagwan Das Chugani (father-in-law of Sonia alias Disha Chhugani) deposed that their daughter in law Sonia did not have good relations with her parents as she had left her first husband and remarried their son against the wishes of her parents.
22- The Sessions Court considered the evidence adduced on behalf of the Prosecution, including the oral evidence of the family members of the victim, the evidence of the defence witnesses and the defence of the Respondent No.2, his parents and his sister under Section 313 of the CrPC and thereafter convicted the Respondent No.2 as also his parents Balvir Singh and Manjeet Kaur under Sections 498A, 304B and 406 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act. The Respondent No.2’s sister Sonia @ Disha Chugani was acquitted of all the charges against her.
23- The judgment and order of the Sessions Court, under appeal in the High Court is based on evidence. The oral evidence adduced before the Sessions Court, which has meticulously been recorded in the judgment and order dated 23.7.2008, under appeal before the High Court, reveals that there is evidence of torture and harassment of the victim, by the Respondent No. 2 and his parents, for more dowry, soon after marriage, which continued till her death. The victims husband (Respondent No. 2) and her in laws pressurized the victim to bring cash from her parents and also pressurized her for a Pajero car in place of the I-10 car gifted by her parents at the timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ of marriage. The Respondent No. 2 came to Sitapur along with his father, Balvir Singh on 17.6.2010 and took cash of Rs.2,50,000/- from the victim’s brother, Pritam Singh. Even as late as on the evening of 24.8.2010, the Respondent No.2 went to the residence of the victim’s aunt and threatened to put an end to the marriage. On 24.8.2010, the victim had made frantic calls complaining of torture, and expressing fear for her life. From the oral evidence, it may be reasonably inferred that she was traumatized. The same night, she died in unnatural circumstances.
24- It is not for this Court to go into the merits of the appeal pending before the High Court. Suffice it to mention that prima facie the Sessions Court has proceeded on the basis of evidence and the Respondent No.2 has not been able to make out a case of any patent infirmity and/or illegality in the judgment and order of the Sessions Court.
25- The Short question that arises for consideration in this appeal is, whether the High Court was justified in directing release of the Respondent No.2 on bail, during the pendency of his appeal before the High Court.
26- Section 389 provides that, pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against, be suspended and, also, if he is in confinement, that he be released on bail. Of course, in view of the mandate of Section 389(3) of the CrPC, the principles are different in the case of sentence not exceeding three years and/or in the case of bailable offences. In this case, of course, none of the offences for which the Respondent No. 2 has been convicted are bailable. Moreover the Respondent No.2 has, inter alia, been given life imprisonment for offence under Section 304B of the IPC and imprisonment for five years for offence under Section 3 of the Dowry Prohibition Act.
27- As the discretion under Section 389(1) is to be exercised judicially, the Appellate Court is obliged to consider whether any cogent ground has been disclosed, giving rise to substantial doubts about the validity of the conviction and whether there is likelihood of unreasonableUnreasonable The meaning of “unreasonable” cannot be determined by recourse to a dictionary, nor, for that matter, by reference to the rules of statutory construction. The task of expounding a constitution is crucially different from that of construing a statute. A statute defines present rights and obligations. It is easily enacted and as easily repealed. A constitution, by contrast, is drafted with an eye to the future. … Once enacted, its provisions cannot easily be repealed or amended. It must, therefore, be capable of growth and development over time to meet new social, political, and historical realities often unimagined by its framers. The judiciary is the guardian of the constitution and must, in interpreting its provisions, bear these considerations in mind (Hunter v. Southam Inc., [1984] 2 S.C.R. 145.) delay in disposal of the appeal, as held by this Court in Kashmira Singh v. State of Punjab1 and Babu Singh and Ors. v. State of U.P.Uttar Pradesh Ancient Aryavarta Region (आर्यावर्त) > District Agra Aligarh Ambedkar Nagar Amethi Amroha Auraiya Ayodhya (Saket) Azamgarh Baghpat Bahraich Ballia Balrampur Banda Barabanki Bareilly Basti Bhadohi Bijnor Budaun Bulandshahar Chandauli Chitrakoot Deoria Etah Etawah Farrukhabad Fatehpur Firozabad Gautam Buddha Nagar Ghaziabad Ghazipur Gonda Gorakhpur Hamirpur Hapur Hardoi Hathras Jalaun Jaunpur Jhansi Kannauj Kanpur Dehat Kanpur Nagar Kasganj Kaushambi Kushi Nagar Lakhimpur Kheri Lalitpur Lucknow (Capital) Maharajganj Mahoba Mainpuri Mathura Mau Meerut Mirzapur Moradabad Muzaffar Nagar Pilibhit Pratapgarh Prayagraj Raebareli Rampur Saharanpur Sambhal Sant Kabir Nagar Shahjahanpur Shamli Shravasti Siddharth Nagar Sitapur Sonbhadra Sultanpur Unnao Varanasi 2
28- Section 304B was incorporated in the Indian Penal Code by the Dowry Prohibition (Amendment) Act, 1986 (Act 43 of 1986). The object of the amendment was to curb dowry death. Section 304B does not categorize death, it covers every kind of death that occurs otherwise than in normal circumstances. Where the other ingredients of Section 304B of the Code are satisfied, the deeming fiction of Section 304B would be attracted and the husband or the relatives shall be deemed to have caused the death of the bride.
29- The essential ingredients for attraction of Section 304B are:
(i) the death of womanMen Ανθρωποι (People), a woman (γυναίκα), Man (Ανδρας) > Adama, Manu > No proof to establish that due to mutation a monkey turned into a human being. must have been caused in unnatural circumstances.
(ii) the death should have occurred within 7 years of marriage
(iii) Soon before her death the woman must have been subjected to crueltyCruelty Physical, mental, social or harassment by her husband or his relatives and such cruelty or harassment must be for or in connection with the demand for dowry, and such cruelty or harassment is shown to have been meted out to the woman soon before her death.
30- As observed by this Court in State of Punjab v. Iqbal Singh & Ors.3, the legislative intent of incorporating Section 304B was to curb the menace of dowry death with a firm hand. In dealing with
1. (1977) 4 SCCSCC Supreme Court Cases 291
2. (1978) 1 SCC 579
3. (1991) 3 SCC 1
cases under Section 304B, this legislative intent has to be kept in mindMind We know nothing about its origin, growth, or demise. Where it lives, can it live without a brain? Possibly, the mind is the soul and spirit. See Consciousness. Once there is material to show that the victim was subjected to cruelty or harassment before death, there is a presumptionPresumption An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. of dowry death and the onus is on the accused in-laws to show otherwise. At the cost of repetition, it is reiterated that the death in this case took place within 8½ months of marriage. There is apparently evidence of harassment of the victim for dowry even on the day of her death, and there is also evidence of payment of a sum of Rs.2,50,000/- to the Respondent-Accused by the victim’s brother, two months before her death.
31- In Kalyan Chadra SarkarSaracens Murug and Turug, and other Muslim Nations or people connected with Islam. A Sarkan (Greek-Laltin word) is a Muslim fighter available on rental basis (Mal-e-Ganimat). Hindi word 'Sarkar' is rooted in the word Sarkan (كَنّان). Saracens are infidels in Christian sense. Murug is generated from the Sanskrit 'Maru'. Turug ( Sanskrit > Taru: Brikksha) v. Rajesh Ranjan and Anr.4, this Court held:-
“11. The law in regard to grant or refusal of bail is very well settled. The Court granting bail should exercise its discretion in a judicious manner and not as a matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” of course. Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind.”
32- Even though detailed examination of the merits of the case may not be required by courts while considering an application for bail but, at the same time, exercise of jurisdiction has to be based on well settled principles and in a judicious manner and not as a matter of course as held by this Court in Chaman Lal v. State of U.PUttar Pradesh Ancient Aryavarta Region (आर्यावर्त) > District
Agra
Aligarh
Ambedkar Nagar
Amethi
Amroha
Auraiya
Ayodhya (Saket)
Azamgarh
Baghpat
Bahraich
Ballia
Balrampur
Banda
Barabanki
Bareilly
Basti
Bhadohi
Bijnor
Budaun
Bulandshahar
Chandauli
Chitrakoot
Deoria
Etah
Etawah
Farrukhabad
Fatehpur
Firozabad
Gautam Buddha Nagar
Ghaziabad
Ghazipur
Gonda
Gorakhpur
Hamirpur
Hapur
Hardoi
Hathras
Jalaun
Jaunpur
Jhansi
Kannauj
Kanpur Dehat
Kanpur Nagar
Kasganj
Kaushambi
Kushi Nagar
Lakhimpur Kheri
Lalitpur
Lucknow (Capital)
Maharajganj
Mahoba
Mainpuri
Mathura
Mau
Meerut
Mirzapur
Moradabad
Muzaffar Nagar
Pilibhit
Pratapgarh
Prayagraj
Raebareli
Rampur
Saharanpur
Sambhal
Sant Kabir Nagar
Shahjahanpur
Shamli
Shravasti
Siddharth Nagar
Sitapur
Sonbhadra
Sultanpur
Unnao
Varanasi
. and
Anr.5.
4. (2004) 7 SCC 528
5. (2004) 7 SCC 525
33. In Mauji RamLord Rama A prince of the Solar Dynasty (Ikshaku Vamsa, capital Ayodhya). His victorious story was portrayed by Valmiki in Ramayana. He identified him as the Avatar of Lord Vishnu. When the Brahmins became unethical, cruel, and greedy, he appeared to restore the Sanatan Dharma. He was trained by Rishi Viswamitra. His rule impacted for 10000 years. Ramrajya means good administration. v. State of Uttar Pradesh and Anr.6, this Court referred to Ajay Kumar Sharma v. State of U.P. and Ors.7, Lokesh Singh v. State of U.P. and Anr.8 and Dataram Singh v. State of U.P. and Anr.9 and stated categorically that this Court had time and again emphasised the need for assigning reasons while granting bail.
34- In Lokesh Singh v. State of U.P. and Anr. (supra), this Court referred to Kalyan Chadra Sarkar v. Rajesh Ranjan (supra) and set aside the impugned orderImpugned order Order under challenge of the High Court granting bail.
35- In Ajay Kumar Sharma (supra), a three-Judge Bench of this Court relied onRelied on Relied to make the decision (ratio decidendi) and not only referred to push an issue. Chaman Lal v. State of U.P. (supra) and set aside order of bail granted by the High Court holding, that it was well settled that even though detailed examination of the merits of the case may not be required by the courts while considering an application for bail, at the same time exercise of discretion has to be based on well settled principles and in a judicious manner and not as a matter of course.
36- There is a difference between grant of bail under Section 439 of the CrPC in case of pre-trial arrest and suspension of sentenceSuspension of Sentence Refer> Bhagwan Rama Shinde Gosai & Ors. v. State of Gujarat [1999] 3 SCR 545 : (1999) 4 SCC 421; Kishori Lal v. Rupa & Ors. [2004] Supp. 4 SCR 628 : (2004) 7 SCC 638; Anwari Begum v. Sher Mohammad & Anr. [2005] Supp. 3 SCR 287 : (2005) 7 SCC 326; Khilari v. State of Uttar Pradesh & Ors. [2009] 1 SCR 543 : (2009) 4 SCC 23; State of Haryana v. Hasmat [2004] Supp. 3 SCR 132 : (2004) 6 SCC 175 . Parivartan Kendra v. Union of India and Others [2015] 12 SCR 607 : (2016) 3 SCC 571 : 2015 INSC 893; Suresh Chandra Jana v. State of West Bengal and Others [2017] 13 SCR 1 : (2017) 16 SCC 466 : 2017 INSC 1296; State of Himachal Pradesh and Another v. Vijay Kumar alias Pappu and Another (2019) 5 SCC 373 : 2019 INSC 377; Deepak Yadav v. State of Uttar Pradesh and Another [2022] 4 SCR 1 : (2022) 8 SCC 559 : 2022 INSC 610; Gian Singh v. State of Punjab and Another [2012] 8 SCR 753 : (2012) 10 SCC 303 : 2012 INSC 419; The State of Jharkhand v. Md. Sufiyan SLP (Crl) No. 1960 of 2022 decided on 16.01.2024; Sahab Alam alias Guddu v. State of Jharkhand and another (2022) SCC Online SC 1874 under Section 389 of the CrPC and grant of bail, post conviction. In the earlier case there may be presumption of innocence, which is a fundamental postulate of criminal jurisprudenceJurisprudence It is a branch of philosophy, that discusses the legality of Law. Oppenheimer v Cattermole (1976), the court considered the question of whether a Nazi law was so iniquitous that it should refuse to recognise it as a law, thus raising the connection between the concepts of law and morality., and the courts may
6. (2019) 8 SCC 17
7. (2005) 7 SCC 507
8. (2008) 16 SCC 753
9. (2018) 3 SCC 22
be liberal, depending on the facts and circumstances of the case, on the principle that bail is the rule and jail is an exception, as held by this Court in Dataram Singh v. State of U.P. and Anr. (supra). However, in case of post conviction bail, by suspension of operation of the sentence, there is a finding of guilt and the question of presumption of innocence does not arise. Nor is the principle of bail being the rule and jail an exception attracted, once there is conviction upon trial. Rather, the Court considering an application for suspension of sentence and grant of bail, is to consider the prima facie merits of the appeal, coupled with other factors. There should be strong compelling reasons for grant of bail, notwithstanding an order of conviction, by suspension of sentence, and this strong and compelling reason must be recorded in the order granting bail, as mandated in Section 389(1) of the Cr.P.C.
37- In Vinod Singh Negi v. State of Uttar Pradesh and Anr.10, this Court set aside the impugned order of suspension of sentence and grant of appeal as the order was devoid of reasons.
38- It is nobody’s case that the death of the victim was accidental or natural. There is evidence of demand of dowry, which the Trial CourtTrial court Court of original Jurisdiction > the court which examines the evidences for the first time. has considered. The death took place within 7 or 8 months and there is oral evidence of the parents of cruelty and torture immediatelyForthwith In Rao Mahmood Ahmad Khan v. Ranbir Singh , has held that the word ‘forthwith’ is synonymous with the word immediately, which means with all reasonable quickness. When a statute requires something to be done ‘forthwith’ or ‘immediately’ or even ‘instantly’, it should probably be understood as allowing a reasonable time for doing it. The interpretation of the word ‘forthwith’ would depend upon the terrain in which it travels and would take its colour depending upon the prevailing circumstances which can be variable. (Shento Varghese v. Julfikar Husen & Ors [2024] 6 S.C.R. 409). Anwar Ahmad v. State of UP [1976] 1 SCR 779 : AIR (1976) SC 680; Nevada Properties (P) Ltd. v. State of Maharashtra & Anr. [2019] 15 SCR 223 : (2019) 20 SCC 119; State of Maharashtra v. Tapas D. Neogy [1999] Supp. 2 SCR 609 : 1999 INSC 417; Ravinder Kumar & Anr. v. State of Punjab [2001] Supp. 2 SCR 463 : (2001) 7 SCC 690; Bhajan Singh and Ors. v. State of Haryana [2011] 7 SCR 1 : 2011 INSC 422; HN Rishbud v. State of Delhi [1955] 1 SCR 1150 : (1954) 2 SCC 934; Sk. Salim v. State of West Bengal [1975] 3 SCR 394 : (1975) 1 SCC 653; China Apparao and Others v. State of Andhra Pradesh [2002] Supp. 3 SCR 175 : (2002) 8 SCC 440; Navalshankar Ishwarlal Dave v. State of Gujarat [1993] 3 SCR 676 : 1993 Supp. 3 SCC 754; Rao Mahmood Ahmad Khan v. Ranbir Singh [1995] 2 SCR 230 : (1995) Supp. 4 SCC 275; Bidya Deb Barma v. District Magistrate [1969] 1 SCR 562 : (1968) SCC OnLine SC 82. preceding the death. There is also evidence of payment of Rs.2,50,000/- to the Respondent-Accused by the victim’s brother. The Respondent No.2 has not been able to demonstrate any apparent
10 (2019) 8 SCC 13
and/or obvious illegality or error in the judgment of the Sessions Court, to call for suspension of execution of the sentence.
39- In considering an application for suspension of sentence, the Appellate Court is only to examine if there is such patent infirmity in the order of conviction that renders the order of conviction prima facie erroneous. Where there is evidence that has been considered by the Trial Court, it is not open to a Court considering application under Section 389 to re-assess and/or re-analyze the same evidence and take a different view, to suspend the execution of the sentence and release the convict on bail.
40- Even though the term ‘dowry’ is not defined in the Indian Penal Code, it is defined in the Dowry Prohibition Act, 1961 as any valuable security given or agreed to be given either directly or indirectly by one party to the marriage to the other party to the marriage, or by any person at or before or any time after the marriage, in connection with the marriage of the parties.
41- It is difficult to appreciate how the High Court could casually have suspended the execution of the sentence and granted bail to the Respondent No.2 without recording any reasons, with the casual observation of force in the argumentArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument. made on behalf of the Appellant before the High Court, that is, the Respondent No.2 herein. In effect, at the stage of an application under Section 389 of the CrPC, the High Court found merit in the submission that the brother of the victim not having been examined, the contention of the Respondent No.2, being the Appellant before the High Court, that the amount of Rs.2,50,000/- was taken as a loan was not refuted, ignoring the evidence relied upon by the Sessions Court, including the oral evidence of the victim’s parents.
42- From the evidence of the Prosecution witnesses, it transpires that the Appellant had spent money beyond his financial capacity, at the wedding of the victim and had even gifted an I-10 car. The hapless parents were hoping against hope that there would be an amicable settlement. Even as late as on 17.6.2010 the brother of the victim paid Rs.2,50,000/- to the Respondent No.2. The failure to lodge an FIR complaining of dowry and harassment before the death of the victim, is in our considered view, inconsequential. The parents and other family members of the victim obviously would not want to precipitate a complete break down of the marriage by lodging an FIR against the Respondent No.2 and his parents, while the victim was alive.
43- For the reasons discussed above, the appeal is allowed. The impugned order of the High Court is set aside and the Respondent No.2 is directed to surrender for being taken into custody. The bail bonds shall stand cancelled.
J.[ARUN MISHRA]
J.[INDIRA BANERJEE]
NEW DELHINew Delhi Indraprastha, the capital of Emperor Yudhisthira and Pandavas constructed by Mayasura, where Rajasuya Yagna was performed under the guidance of Krishna Dvaipayana and the protection of Vasudeva Krishna in the present-day Raja Ghat area. Prtvi Rajaj was the last Hindu king of Delhi.
AUGUST 14, 2020