MADAN LAL AND ANR.versusSTATE OF U.P.

                     [2009] 4 S.C.R. 501


                  MADAN LAL AND ANR.                           A
                             V.
                      STATE OF U.P.
             Criminal Appeal No.1701 of 2005
                      MARCH 5, 2009
                                                               B
  [DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY,
                        JJ.]
       Penal Code, 1860: ss.304-B, 498-A - Death on account
of alleged dowry demand - Injuries found on the neck of
deceased - Trial court ordered acquittal holding that deceased C
suffering from epilepsy and possibility of her death on account
of fit of epilepsy not ruled out - High Court set aside acquittal
- On appeal, held: Trial court's order was full of surmises and
conjectures - Conviction as recorded by High Court cannot
be faulted - Considering background facts of the case, D
sentence in respect of s. 304-B reduced to seven years which
is minimum - Evidence - Medical evidence.
     Prosecution case was that accused persons caused
the death of the deceased on account of dowry demand.
The trial Court ordered acquittal holding that dece"sed        E
was suffering from epilepsy and possibility of her death
on account of fit of epilepsy could not be ruled out. High
Court set aside the acquittal in respect of appellants.
Hence these appeals.
                                                               F
     Partly allowing the appeals, the Court
        HELD: 1. The trial Court's judgment was full of
  surmises and conjunctures. Reliance placed on Modi's
· Medical Jurisprudence to conclude that the injuries found
  on the neck of the deceased were possible due to epileptic G
  fit was also not on a correct reading of the text. It was not
  stated anywhere that even a windpipe or sound box can
  be fractured as a result of epileptic fit. The conviction as

                            501                                H
    502       SUPREME COURT REPORTS                 .(2009] 4 S.C.R.


A   recorded by the High Court cannot be faulted. However,
    considering the background facts of the case, the
    sentence imposed in respect of section 304-B IPC is
    reduced to seven years which is the minimum. [Para 3]
    [503-F-H; 504-A-B]
B        CRIMINALAPPELLATE JURISDICTION: Criminal Appeal
    No. 1701 of 2005
       From the Judgement and Order dated 07.10.2005 of the
  Hon'ble High Court of Judicature at Allahabad in Appeal No.
C 2272 of 2000.
                                 WITH
          Criminal Appeal No. 1042 of 2006
          Rajeev Sharma, Remeshwar Prasad Goyal, for the
o Appellants.
          TN. Singh, Kamlendra Mishra, for the Respondent.
          The Judgement of the Court was delivered by
          DR. ARIJIT PASAYAT, J.
E
         1. These two appeals are directed against the judgment
  of a Division Bench of the Allahabad High Court allowing the
  appeals filed by the State. The accused persons faced trial for
  alleged commission of offences punishable under Sections 304-
  8, 498-A of the Indian Penal Code, 1860 (in short 'IPC') and
F Sections 3 and 4 of the Dowry Prohibition Act, 1961 (in short
  'D.P.Act'). Learned First Additional Sessions Judge,
  Moradabad (U.P.), directed acquittal of the present appellants
  holding that the prosecution version has not been established,
  and that there was no credible evidence of the deceased Asha
G having been caused death due to throttling. The trial Court held
  that the deceased was suffering from epilepsy and the possibility
  of her death on account of fit of epilepsy cannot be ruled out.
  State questioned the acquittal on several grounds. It was pointed
  out that there was direct evidence of demand of dowry and the
H Doctor's evidence clearly ruled out the possibility of the injuries
                MADAN LAL AND ANR. V. STATE OF U.P.                    503
                      [DR. ARIJIT PASAYAT, J.]

     sustained by the deceased having been caused due to epileptic A
     fit. Accordingly, the judgment of the trial Court directing acquittal
     was set aside qua accused persons Madan Lal and Hoshiary
     (accused Nos. 2 and 3) appellants in Criminal Appeal No.1701
     of 2005 and Ram Chander the appellant in Criminal Appeal
     No.1042/2006 who was accused No.1. However, the High Court B
     did not interfere with that part of the judgment of the trial Court
     by which (accused No.4) Mithlesh was acquitted.

           2. In support of the appeal, learned counsel for the
     appellants submitted that the view taken by the trial Court was a
     possible view and the trial Court had analyzed the evidence in          C
     great detail to held that the prosecution version was not
     established and on the contrary the defence version was
     probable. According to him, the view taken by the trial Court
     was a possible view and the High Court should not have
•·   interfered with the order of acquittal. Learned counsel for the         D
     respondent State submitted that the trial Court did not notice
     various relevant aspects. It was pointed out that the Doctors'
     evidence has been misread. There were two injuries on the neck
     of the deceased. The windpipe and the sound box of the
     deceased were fractured. It was submitted that such injuries            E
     cannot be caused by epileptic fits. In addition it ~as submitted
     that the plea of the accused persons that the deceased was
     suffering from epilepsy was also not established by any cogent
     evidence. The version given by DW.1 and DW.2 was doubted
     and it was categorically observed by the High Court that their          F
     evidence was far from credible. It is also pointed out that there
     was clear evidence for demand of dowry.
           3. Considering the rival submissions, we find that the trial
     Court's judgment was full of surmises and cojunctures. Reliance
     placed on Modi's Medical Jurisprudence to conclude that the G
     injuries found on the neck of the deceased were possible due
     to epileptic fit is also not on a correct reading of the text. It is not
     stated any where that even a windpipe or sound box can be
     fractured as a result .of epileptic fit.
                                                                              H
    504       SUPREME COURT REPORTS                 [2009) 4 S.C.R.


A        That being so, the trial Court's judgment was clearly        •
    vulnerable. The conviction as recorded by the High Court cannot
    be faulted. However, considering the background facts of the
    case, we reduce the sentence imposed in respect of Sec.304-
    B IPC to seven years which is the minimum.
B          The appeals are allowed to the aforesaid extent.

    D.G.                                     Appeal party allowed.