SUBEDAR TEWARI STATE OF UTTAR PRADESH Vs. STATE OF UTTAR PRADESHS:DR NARENDRA NATH TEWARI

JUDGEMENT

(1.) 'Suicide' is excluded concludes the trial court. 'Suicide' is not excluded says the High Court. This is in the context of the tragic, unnatural death of a wife (Veena; A First Class First M.Sc. in Botany from Patna) by burning on the night between 11-12th Sept. 1984, within barely nine months of her marriage with a doctor husband. The husband and his sister viz. Dr. Narendra and Meera respectively were convicted by the trial court for the murder of the wife under S. 302 read with S. 34 of Indian Penal Code. The husband was sentenced to death, The sister was sentenced to imprisonment for life. They appealed The High Court has set aside the order of conviction and sentence as against both holding that 'suicide cannot be excluded'. These companion appeals, by the father of the wife and by the State, arise from the said order of acquittal. The death of Veena occurred in the kitchen of the two bed room flat of the husband of which he with his wife and his sister Meera were the only occupants at about 4.00 a.m. At 7.00 am. the milkman repeatedly knocked as the ringing of the call bell did not evoke any response. Meera opened the door. Smoke was seen coming out and the dead body of Veena was found in the kitchen. That is how the occurrence came to light.

(2.) ACCORDING to the prosecution the root cause was the licentious conduct of the husband (Dr. Tewari) who indulged in extra marital relations with other women. It was alleged that Dr. Tewari had illicit, incestuous relations with his 22 year old niece, Ms. Sunanda Chaturvedi a medical student who was admittedly nominated by him as beneficiary on the death of the insured in a 25 years life policy1 of Rs. 50,000.00 taken out by Dr. Tewari on his own life on 28-3-1984 within less than 11/2 months of his marriage with deceased Veena (a marriage which fetched him a dowry of Rs. 50,000.00. It was also alleged that Dr. Tewari had illicit, incestuous relationship with his sister Meera. The trial court accepted the prosecution version regarding promiscuous conduct of the husband. The High Court was of the opinion that it was not established.

(3.) SHE remained with her husband for only 2 months from 9/04/1984 to 9/06/1984 and later on for about 20 days from 23rd Aug. 1984 till her death on Sept. 12, 1984. Thus, though the matrimonial life stretched for 7 months, in reality they stayed together for less than three months. There is ample evidence to show that there was discord between the husband and the wife and that she was unhappy and that the relations between the husband and the wife were extremely strained. It is unnecessary to examine the cause of the discord at this juncture. It is sufficient for the present purpose to briefly indicate that according to prosecution it was the conduct of the husband who indulged in, extra marital relations with other women which was the cause of this discord. Be that as it may the fact that she was brought back only in Aug; 1984 and that there was discord. between the husband and wife has, been sufficiently. established The real question is as to whether she committed suicide because her matrimonial life was disturbed or whether she was physically eliminated by her husband who was not happy with the matrimonial tie.