Smt. Rekha Gupta v. Vishal Kumar Gupta

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No.598 of 2019

1. Smt. Rekha Gupta, W/o Shushil Kumar Gupta, Aged About 55 Years

2. Shushil Kumar Gupta, S/o Shri Babulal Gupta, Aged About 56 Years

3. Ankur Gupta, S/o Shushil Kumar Gupta, Aged About 32 Years

4. Roshan Gupta, S/o Shushil Kumar Gupta, Aged About 33 Years R/o MIG-2/1600 MP Housing Board, Police Station Jamul, District Durg, Chhattisgarh ---- Petitioner

Versus

1. Vishal Kumar Gupta, S/o Vijay Gupta, aged about 30 years

2. Smt. Kiran Gupta, W/o Vijay Gupta, Aged About 60 Years Both R/o Bhivapur, Police Station Saini, District - Nagpur, Maharashtra, Presently R/o Gaya Nagar, District - Durg, Chhattisgarh

3. State Of Chhattisgarh, Through - Police Station Durg, District - Durg, Chhattisgarh ---- Respondents For Appellants Shri J. K. Gupta, Advocate For Respondent-State Shri Pawan Kesharwani, PL Hon'ble Justice Shri Prashant Kumar Mishra Hon'ble Justice Shri Gautam Chourdiya Order On Board by Prashant Kumar Mishra 19/08/2019 1.

This acquittal appeal is directed against the judgment of acquittal rendered by the Trial Judge acquitting the accused of the charges under Sections 498 (A), 304 (B) and 302 of IPC.

2.

Respondent Vishal Gupta was married with deceased Rashmi Gupta on 11.07.2007. Thereafter, both of them started residing together at Village Bhivapur, District Nagpur (Maharashtra). After 30th July, 2008, they came to District Durg, as the deceased secured job of Shiksha Karmi. Initially they resided together at the village where the deceased was posted, but subsequently they shifted to Gaya Nagar at Durg. 2-3 months before the date of death, the accused Vishal Gupta allegedly developed intimacy with one girl Mini, as reflected in the suicide note (Ex-P-7A). The deceased committed suicide on 30.08.2010 leaving the said suicide note.

3.

In the suicide note, the deceased has not made any allegation of demand of dowry and commission of cruelty by the accused persons in connection with such demand. The only reason for commission of suicide, as mentioned in the suicide note, is that her husband Vishal Gupta has extra marital relation with one Ms. Mini and despite persuasion he is not mending ways. Her father Sushil Kumar Gupta, examined as PW-1, would admit in his cross examination that there was no demand of dowry at the time of marriage or soon thereafter. He would state in his examinationin-chief at para 4 that at the time of Raksha Bandhan Festival in 2010, the deceased informed him that her husband Vishal Gupta has developed illicit relation with one girl. Thus, the contents of dying declaration find corroboration from the statement of PW-1. Other witnesses would also state the same facts with little variations, which are not material.

4.

The evidence does not establish that the deceased was subjected to cruelty in connection with demand of dowry soon before her death. Since she has committed suicide, there is no question of commission of offence under Section 302 of IPC. There being no evidence to prove the fact of extra marital affair of the deceased with Ms. Mini, the ingredients of offence under Section 306 are also not proved.

5.

Considering the evidence on record, the present is not considered to be a fit case for admitting the acquittal appeal, as the view taken by the Trial Court does not appear to be perverse. 6.

Accordingly, the acquittal appeal is dismissed. Sd/- Sd/- Prashant Kumar Mishra Gautam Chourdiya Judge Judge Nirala