1996 (8) TMI 542 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction and sentencing of the first respondent under Sections 302, 201, and 498-A IPC.
2. Acquittal of the second respondent under Section 302 IPC.
3. High Court's handling of the evidence and application of legal principles.
4. Theories of alibi and stranger committing the crime.
5. Applicability of Section 32 and Section 113-B of the Evidence Act.

Summary:

Issue 1: Conviction and Sentencing of the First Respondent

The Sessions Judge convicted the first respondent u/s 302 IPC and sentenced him to death. He was also convicted u/s 201 IPC and sentenced to four years of rigorous imprisonment (RI) and a fine of Rs. 1000, and u/s 498-A IPC with two years' RI and a fine of Rs. 1000. All sentences were to run concurrently. The Supreme Court restored the conviction for murder u/s 302 IPC but converted the death sentence to life imprisonment. Convictions and sentences u/s 201 and 498-A IPC were also restored to run concurrently.

Issue 2: Acquittal of the Second Respondent

The second respondent, mother of the first respondent, was acquitted of the offence u/s 302 IPC but was convicted u/s 201 IPC and sentenced to four years' RI and a fine of Rs. 1000, and u/s 498-A IPC with two years' RI and a fine of Rs. 1000. The Supreme Court upheld her acquittal in respect of all charges.

Issue 3: High Court's Handling of Evidence and Legal Principles

The Supreme Court criticized the High Court for dealing with the matter casually and not applying their mind to crucial circumstantial evidence. The High Court's exclusion of evidence under Section 32 of the Evidence Act was deemed incorrect. The Supreme Court emphasized that Section 32(1) is wide enough to include statements regarding circumstances of the transaction resulting in death and that such evidence is relevant under Section 8 of the Evidence Act. The High Court also failed to consider the presumption u/s 113-B of the Evidence Act.

Issue 4: Theories of Alibi and Stranger Committing the Crime

The first respondent introduced theories of alibi and a stranger committing the crime. The Supreme Court found these theories to be artificial and incompatible with normal human behavior. The evidence suggested that the first respondent was present at the time of the crime and that the theories were fabricated to mislead the investigation.

Issue 5: Applicability of Section 32 and Section 113-B of the Evidence Act

The Supreme Court held that the evidence of demand for dowry and ill-treatment was admissible under Section 32 and relevant under Section 8 of the Evidence Act. The High Court's failure to consider Section 113-B, which presumes dowry death, was a significant oversight.

Conclusion

The Supreme Court set aside the acquittal of the first respondent and restored his conviction for murder u/s 302 IPC, converting the death sentence to life imprisonment. The convictions and sentences u/s 201 and 498-A IPC were also restored. The acquittal of the second respondent was upheld. The Supreme Court requested the Chief Justice of the Allahabad High Court to bring this judgment to the notice of the concerned judges to ensure careful handling of criminal matters in the future. The appeal against the first respondent was allowed, and the bail bonds were canceled, directing immediate surrender. The appeal against the second respondent was dismissed, and her bail bonds were discharged.