# MADAN LAL AND ANR v. STATE OF U.P

- **Citation:** [2009] 4 S.C.R. 501
- **Court:** Supreme Court of India
- **Decided:** 2009-03-05
- **Case number:** Criminal Appeal No.1701 of 2005
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/madan-lal-and-anr-v-state-of-u-p-25704
- **Pages:** 4

## Headnote

[2009] 4 S.C.R. 501
MADAN LAL AND ANR.
V.
STATE OF U.P.
Criminal Appeal No.1701 of 2005
MARCH 5, 2009
[DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY,
JJ.]
Penal Code, 1860: ss.304-B, 498-A - Death on account
A
B
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.
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
F
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

## Text

[2009] 4 S.C.R. 501
MADAN LAL AND ANR.
V.
STATE OF U.P.
Criminal Appeal No.1701 of 2005
MARCH 5, 2009
[DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY,
JJ.]
Penal Code, 1860: ss.304-B, 498-A - Death on account
A
B
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.
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
F
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.
E
TN. Singh, Kamlendra Mishra, for the Respondent.
The Judgement of the Court was delivered by
DR. ARIJIT PASAYAT, J.
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 3048, 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
B
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.304B IPC to seven years which is the minimum.
The appeals are allowed to the aforesaid extent.
D.G.
Appeal party allowed.
•