1997 (9) TMI 649 - HC - Income Tax

Convictions upheld, death sentence commuted to life, fine set aside, co-accused's sentence concurrent.

Ram Chandra Tewari and Ors. Versus State of U.P.

The appeal was dismissed, confirming the convictions under Sections 302 read with 34, 201 read with 34, and 498-A, I.P.C. The death sentence for the ... - Issues Involved:1. Conviction under Section 302 read with Section 34, I.P.C.2. Conviction under Section 201 read with Section 34, I.P.C.3. Conviction under Section 498-A, I.P.C.4. Confirmation of death sentence awarded to appellant Ram Chandra Tewari.Issue-wise Detailed Analysis:1. Conviction under Section 302 read with Section 34, I.P.C.:Appellant Ram Chandra Tewari and Smt. Munni Devi were convicted for the murder of Smt. Samta alias Ranno Devi. The prosecution established that the deceased was subjected to continuous torture and demands for money. The evidence included letters written by the deceased indicating the abuse and demands. The postmortem report revealed multiple ante mortem injuries, suggesting a brutal murder rather than an accident. The court ruled out the possibility of an accident due to the nature of the injuries and lack of blood at the railway track where the body was found. The presence of semi-digested food in the stomach indicated the time of death around midnight, aligning with the prosecution's timeline. The court concluded that the murder occurred in the room where the accused resided, and both Ram Chandra Tewari and Smt. Munni Devi were held responsible for the murder.2. Conviction under Section 201 read with Section 34, I.P.C.:The accused were also convicted for attempting to dispose of the body to screen themselves from legal punishment. The prosecution demonstrated that the body was placed on the railway track to simulate an accident. The court noted that the accused had ample time to plan and execute the disposal of the body. The presence of human blood in the room and the lack of a plausible explanation from the accused further supported the prosecution's case. The court found the actions of the accused to be deliberate attempts to mislead the investigation and concluded that they were guilty of the offense under Section 201 read with Section 34, I.P.C.3. Conviction under Section 498-A, I.P.C.:The prosecution provided evidence of continuous cruelty and harassment of the deceased by the accused for dowry. Witnesses testified about the demands for money and the physical abuse inflicted on the deceased. The letters written by the deceased corroborated the claims of torture and harassment. The court found the evidence credible and consistent, establishing the guilt of the accused under Section 498-A, I.P.C.4. Confirmation of death sentence awarded to appellant Ram Chandra Tewari:The trial court had awarded the death sentence to Ram Chandra Tewari, but the High Court altered it to life imprisonment. The court reasoned that while the crime was heinous, it was based on circumstantial evidence, and it would not be safe to impose the death penalty solely on such evidence. The court emphasized that the case did not fall under the 'rarest of the rare' category warranting the death penalty. Consequently, the death sentence was commuted to life imprisonment.Conclusion:The appeal was dismissed, and the convictions under Sections 302 read with 34, 201 read with 34, and 498-A, I.P.C. were confirmed. The death sentence for Ram Chandra Tewari was altered to life imprisonment. The fine imposed on Smt. Munni Devi was set aside, but her life imprisonment sentence was upheld. The sentences were ordered to run concurrently, and the reference for confirmation of the death sentence was rejected.