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Judgments of Supreme Court of India and High Courts
Property Succession
SC 498A
Bombay HC 498A
Delhi HC 498A
Karnataka HC 498A
Kolkatta HC 498A
Madras HC 498A
Allahabad HC 498A
Gujarat HC 498A
Jodhpur HC 498A
Patna HC 498A
Punjab HC 498A
Kerala HC 498A
Noor Mohammad vs State Of U.P. on 20 January, 2020
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HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on : 08.01.2020 Delivered on : 20.01.2020
CRIMINAL APPEAL No. 1445 of 2015
Noor Mohammad	——–Appellant
State of Uttar Pradesh	——-Respondent
For Appellant	: Sri Syed Shahnawaz Shah
For Respondent/State	: Sri Ashwani Prakash Tripathi, AGA	_
Hon'ble Naheed Ara Moonis, J.
Hon'ble Raj Beer Singh, J.
Per: Raj Beer Singh, J.
1.	This appeal has been preferred against judgment and order dated 03.03.2015 passed by the learned Additional Sessions Judgment, Court No.5, Ghaziabad in Session Trial No. 675 of 2013 (State vs. Noor Mohammad and three others) under Sections 304B, 498A, 302/34 IPC and 3/4 of Dowry Prohibition Act, Case Crime No. 318 of 2013, Police Station Loni, District Ghaziabad, whereby the accused-appellant Noor Mohammad has been convicted under Section 302 of IPC and sentenced to imprisonment for life along with fine of Rs. 20,000/-. In default of payment of fine he has to undergo one year simple imprisonment. However, he was acquitted of charge under Sections 304B, 498A IPC and 3/4 of Dowry Prohibition Act. Co-accused Akbar Ali, Sarvari and Imran were acquitted of charge under Sections 304B, 498-A, 302/ 34 IPC and 3/4 of Dowry Prohibition Act.
2.	As per prosecution version, marriage of complainant's sister Abida (deceased) was solemnized with accused-appellant Noor Mohammad, two years prior to incident but after marriage accused-appellant and his family members including father Akbar Ali, mother Sarvari and brother Imran used to demand motorcycle, golden chain and cash of Rs. 1 lakh as additional dowry and on that account they used to beat and harass the deceased. On 11.02.2013, complainant Mausam Ali (PW-1) got information that his sister has died and when he reached there he found that dead body of his sister was lying on bed and her husband and in-laws have already fled away from there.
3.	Complainant Mausam Ali (PW-1) reported the matter to police by submitting written complaint Ex. Ka-1 and on that basis FIR was registered on 11.02.2013 at 19:20 hours vide FIR Ex. Ka-5, under Sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act against accused-appellant Noor Mohammad and other accused persons, namely, Akbar Ali, Sarvari and Imran.
4.	Police reached at the spot and inquest proceedings were conducted by PW-6 Yaduvir Singh (Naib Tehsildar) vide inquest report Ex. Ka- 2 and dead body of the deceased was sent for postmortem.
5.	Postmortem on the dead body of deceased was conducted on 12.02.2013 by PW-8 Dr. Sunil Katiyar vide postmortem report Ex. Ka-6 and following injuries were found on the person of deceased:
(i) ligature mark 6 cm x 1 cm on anterior aspect of neck above thyroid cartilage and 3 cm below chin. On dissection white glistening membrane parchment like present under the ligature mark.
As per Autopsy Surgeon, cause of death of the deceased was due to asphyxia as a result of ante-mortem hanging.
6.	Investigation of the case was conducted by PW-9 Circle Officer Arvind Kumar Yadav. One scarf (dupatta) of the deceased was seized from the spot vide seizure memo Ex. Ka- 3. Statements of witnesses were recorded and after investigation all the four accused persons were charge-sheeted for the offences under Sections 304B, 498A IPC and 3/4 of Dowry Prohibition Act.
7.	Learned trial Court framed charges 304B, 498A IPC and 3/4 of Dowry Prohibition Act against all the four accused persons and alternative charge under Sections 302/34 IPC was also framed against all the four accused persons, namely, Noor Mohammad, Sarvari, Akbar Ali and Imran. Accused persons pleaded not guilty and claimed trial.
8.	In order to bring home the guilt of accused-appellants, prosecution has examined nine witnesses. After prosecution evidence, accused persons were examined under Section 313 of Cr.P.C., wherein, they have denied the prosecution evidence and claimed false implication.
9.	In defence one Islam was examined as DW-1.
10.	After hearing and analyzing the evidence on record, trial Court acquitted accused persons, namely, Akbar Ali, Sarvari, Imran of charges under Sections 304B, 498A, 302/34 IPC and 3/4 of Dowry Prohibition Act whereas accused-appellant Noor Mohammad was convicted under Section 302 IPC and was sentenced as stated in paragraph no.1 of this judgment.
11.	Being aggrieved by the impugned judgment, accused-appellant has preferred the present appeal.
12.	Heard Sri Syed Shahnawaz Shah, learned counsel for the appellant and Sri Ashwani Prakash Tripathi, learned A.G.A for the State and perused the record.
13. Learned counsel for the appellant has submitted:
(i) that there is no evidence that accused-appellant has committed murder of his own wife. It was submitted that there is consistent evidence that deceased has committed suicide. As per postmortem report, cause of death was shown asphyxia as a result of anti-mortem hanging and in view of statement of PW-8 Dr. Sunil Katyal, who has conducted postmortem of the deceased, it is clear that deceased has committed suicide and thus, no case under Section 302 IPC is made out. It was stated that for conviction under Section 302 IPC some positive evidence is required against accused whereas in instant case there was no such evidence and in matrimonial home of accused-appellant, other inmates of house were also residing
(ii)	that there is no evidence that deceased was harassed by accused-appellant on account of dowry or that she was subjected to cruelty soon before her death. It was pointed out that as per prosecution version, deceased has come at her matrimonial home only one week before the incident and before that she has resided at her parental home for about seven months and thus, during that period of seven months, there is no question of any harassment or dowry demand by the accused-appellant. It was stated that only within period of one week it is not possible that accused persons might have harassed the deceased to this extent that she would commit suicide.
(iii)	that as there is no evidence of dowry demand and cruelty soon before death and thus, no offence under Section 304-B IPC is made out.
(iv)	that as the deceased has resided for seven months at her parental home and she has come at her matrimonial home only one week before the incident and thus, it cannot be believed that during such period of one week deceased was abated to commit suicide. It was further submitted that at the most offence under Section 306 IPC may be made out against appellant, whereas accused-appellant has already undergone sentence of about seven years.
14.	Per contra, it has been submitted by learned State counsel that there is clear and cogent evidence that the deceased was harassed for dowry as demand of motorcycle, golden chain and cash of Rs.1 lakhs was made from her as well as from the complainant. It was due to harassment meted out by accused-appellant that deceased has to resided at her parental home for seven months and after intervention of some persons she was brought back to her matrimonial home by accused-appellant by promising that he would not harass her. Deceased has suffered unnatural death within two years of her marriage at her matrimonial home. It was further submitted that as alleged incident took place inside the matrimonial home, burden shifts to accused-appellant to explain under what circumstances deceased has suffered death, but the accused-appellant has not offered any such explanation and even in his statement recorded under Section 313 Cr.P.C. he has simply denied prosecution evidence. It was further pointed out that conduct of accused-appellant is highly inculpatory as after incident, he neither informed the police nor the family members of deceased were informed, rather he as well as his other family members have fled away from their home leaving dead body of the deceased there. It was argued that all the facts and circumstances of case and evidence on record clearly indicate that it was accused-appellant who has caused death of deceased.
15.	We have considered the rival submissions and perused the record.
16.	In evidence, PW-1 Mausam Ali, who is complainant and brother of deceased, stated that marriage of his younger sister Abida was solemnized with accused-appellant on 17.04.2011. At that time accused and his family members were residing at Shiv Vihar in Delhi but later on they have shifted to Loni, Ghaziabad and all family members were residing jointly. Accused persons were not satisfied with the dowry given in marriage and they used to demand golden chain, motorcycle and cash of Rs. 1 lakh and on that account, they used to beat and harass the deceased. Whenever deceased used to visit at her parental home, she used to tell about these things. PW-1 and his other family members have tried to make the appellant and his family members understand and requested them not to harass the deceased but they still persisted for demand of Rs. one lakh cash, motorcycle and golden chain and as complainant could not fulfill their demand, deceased remained at her parental home for about seven months. After that on intervention of some persons of society, accused-appellant and his family members have promised that they would not harass the deceased and would not make any demand and they have taken deceased to her matrimonial home only nine days before incident. But they again harassed her there. PW-1 further stated that on 11.02.2013 his cousin, who was residing at Loni, informed him that husband and in-laws of Abida have killed her by hanging. PW-1 and his family members went there and found that deceased was lying dead on bed and thereafter complainant has reported the matter to police by submitting written complaint Ex. Ka-1. He has also stated that during investigation one stole was seized by police vide memo Ex. Ka- 2.
17.	PW-2 Rozudeen, who is father of the deceased, deposed that marriage of his daughter Abida was solemnized with accused-appellant Noor Mohammad on 17.4.2011 but the accused persons were not satisfied with dowry given at the time of marriage and they used to demand golden chain, motorcycle and cash of Rs. one lakh. Abida has told these things to him and due to this reason, deceased has resided at his home for about 8-10 months. Keeping in view the future of deceased, they have not made any complaint. However, thereafter accused persons have admitted their fault and promised that they would not give rise any occasion of making complaint and deceased was again sent with accused-appellant Noor Mohammad. After one week, on 11.02.2013 at around 6:00 p.m., his nephew Nawab Ali has informed that in-laws of Abida have killed her by hanging. PW-2 stated that he and his family members went there and found that dead body of deceased was lying on bed and all the accused-persons have fled away from there.
18.	PW-3 Mohammad Yunus stated that marriage of daughter of Rozudeen, namely Abida was solemnized with Noor Mohammad on 17.11.2014 but after 5-6 months of marriage, Abida stayed at her parental home for many days as her in-laws used to demand motorcycle, golden chain and cash of Rs. 5 lakh. However, after sometime Noor Mohammad and his father were called and by intervention of some public person, accused persons have sought pardon and thereafter deceased was sent with accused-appellant but on 11.02.2013 they received information that accused have killed deceased by hanging on account of non-fulfillment of demand of dowry.
19.	PW-4 Nawab Ali is cousin of deceased and he was residing at Loni and he has stated that marriage of Abida was solemnized with Noor Mohammad on 17.11.2014. After some days of marriage she was harassed by her husband and his family members for dowry and they used to demand motorcycle, cash of Rs. one lakh and golden chain. Abida has told him about these things. PW-4 further stated that after 2-3 months of marriage, when he has gone to meet Abida at her matrimonial home, she was quite sad and she has told that her husband and her in-laws were demanding motorcycle, golden chain and cash of Rs. one lakhs and on that account, they used to harass her. Efforts were made to make them understand but they did not agree. Abida came back to her father's home and after sometime due to intervention of some persons of society, on promise of accused-appellant and his family members that they would not make any demand and would not harass her, deceased was sent with accused-appellant Noor Mohammad to her matrimonial home. After one week, when he was passing through near house of Noor Mohammad, he came to know that deceased has died and all family members of Noor Mohammad have fled away from there and thereafter he has informed family members of deceased.
20.	PW-5 Qaiyum is also brother of deceased and he stated that marriage of Abida was solemnized with Noor Mohammad on 17.04.2011 but her husband and his family members were not satisfied with given dowry and they used to demand motorcycle, golden chain and cash of Rs. one lakh in dowry and on that account they used to beat her. Abida has told about these things to him and his father and brother. They have tried to make her husband and his family members understand about their inability to fulfill demand, but in vain and resultantly for about seven months, deceased has resided at her parental house. Later on due to intervention of some relatives, accused-appellant Noor Mohammad and his father have admitted their mistake and assured that now they would not harass the deceased and on such assurance, deceased was sent with Noor Mohammad. But after about one week of the same, on 11.02.2013 his cousin Nawab Ali informed that accused persons have killed Abida by hanging, due to non fulfillment of demand of dowry.
21.	PW-6 Yaduvir Singh Naib Tehsildar has conducted inquest proceedings marked as Ex. Ka.2.
22.	PW-7 constable Manoj Kumar has recorded FIR who proved the chick FIR exhibited as Ex. Ka.4.
23.	PW-8 Dr. Sunil Katyal has conducted postmortem on dead body of deceased and proved the postmortem report exhibited as Ex. Ka.6.
24.	PW-9 Circle Officer, Arvind Kumar Yadav has investigated the case. He has prepared site plan of spot vide Ex. Ka-7 and after completion of investigation charge-sheet was filed.
25.	DW-1 Islam has stated that accused persons were known to him since 15-20 years. Akabar was residing at Shiv Vihar in Delhi and Akbar and Noor Mohammad used to run a shop from 6:00 AM to 9:00 PM. wife of Noor Mohammad has died in February 2013 and on the day of incident Noor Mohammad and Akbar were at their shop. He stated that Noor Mohammad and Akbar were residing with him since last 3-4 months prior to incident as Akbar has sold his house and he has purchased a house at Loni, Mustafabad but Akbar has not shifted there.
26.	In this case, it is not in dispute that deceased has suffered unnatural death at her matrimonial home within two years of her marriage and accused-appellant has been convicted under Section 302 IPC. The first question that arises for consideration is that whether the death of deceased was homicidal or suicidal in nature. As per postmortem report, deceased has died due to asphyxia as a result of anti-mortem hanging. In the case of Javed Abdul Rajjaq Shaikh vs. State of Maharashtra, Criminal Appeal No.1181 of 2011, Hon'ble Apex Court has dealt with the issue of determination whether death is caused by hanging or strangulation and held as under:
"The differences between hanging and strangulation have been highlighted by Modi on Medical Jurisprudence and Toxicology, 25th Edition, as follows:
1. Most suicidal
1. Mostly homicidal
2. Face-Usual pale and petechiae rare.
2. Face-Congested, livid and marked with petechiae
3. Saliva-Dribbling out of mouth down on the chin and chest.
3. Saliva-No such dribbling
4. Neck-Stretched and elongated in fresh bodies.
4. Neck-Not so.
5. External signs of asphyxia usually not well marked.
5. External signs of asphyxia, very well marked (minimal if death due to vasovagal and carotid sinus effect.
6. Ligature mark-Oblique, Non-continuous placed high Up in the neck between the Chin and the larynx, the Base of the groove or furrow Being hard, yellow and Parachment-like.
6. Ligature mark-Horizontal or transverse continuous, round the neck, low down in the neck below the thyroid, the base of groove or furrow being soft and raddish.
7. Abrasions and ecchymoses round about the edges of the ligature Mark, rare.
7. Abrasions and ecchymoses round about the edges of the ligature mark, common.
8. Subcutaneous tissues Under the mark-White, Hard and glistening.
8. Subcutaneous tissues under the mark-Ecchymosed.
9. Injury to the muscles of Neck-Rare.
9. Injury to the muscles of the neck-Common.
10. Carotid arteries, Internal coats ruptured in
10. Carotid arteries, internal coats
ordinarily ruptured.
11. Fracture of the larynx and trachea-Very rare and may be found that too in judicial hanging.
11. Fracture of the larynx, trachea and hyoid bone.
12. Fracture-dislocation of the cervical vertebrae-Common in judicial hanging.
12. Fracture-dislocation of the cervical vertebrae-Rare.
13. Scratches, abrasions and bruises on the face, neck and other parts of the body-Usually not present.
13. Scratches, abrasions fingernail marks and bruises on the face, neck and other parts of the body Usually present.
14. No evidence of sexual assault.
15. Emphysematous bullae on Surface of the lungs-Not present.
15. Emphysematous bullae on the surface of the lungs- May be
As to what is the distinction between strangulation and throttling is also dealt within the self-same work:
"Definition-Strangulation is defined as the compression of the neck by a force other than hanging. Weight of the body has nothing to do with strangulation.
Ligature strangulation is a violent form of death, which results from constricting the neck by means of a ligature or by any other means without suspending the body.
When constriction is produced by the pressure of the fingers and palms upon the throat, it is called as throttling. When strangulation is brought about by compressing the throat with a foot, knee, bend of elbow, or some other solid substances, it is known as mugging (strangle hold).
A form of strangulation, known as Bansdola, is sometimes practised in northern India. In the form, a strong bamboo or lathi (wooden club) is placed across the throat and another across the back of the neck. These are strongly fastened t one end. A rope is passed round the other end, which is bound together, and the unfortunate victim is squeezed to death. The throat is also pressed by placing a lathi or bamboo across the front of the neck and standing with a foot on each of lathi or bamboo.
Garrotting is another method that was used by thugs around 1862 in India. A rope or a loincloth is suddenly thrown over the head and quickly tightened around neck. Due to sudden loss of consciousness, there is no struggle. The assailant is then able to tie the ligature."
27.	In the instant case perusal of postmortem report of deceased Abida shows that there was ligature mark 6 cm x 1 cm on anterior aspect of neck above thyroid cartilage and 3 cm below chin. In view of treatise of Modi as stated above, ligature mark-oblique Non-continuous placed high up in the neck between the Chin and the larynx is a characteristic of hanging. There is nothing to indicate that there was any fracture of larynx or trachea and hyoid bone and thus, it also supports the view that death of deceased was due to hanging. Further, as per postmortem report, on dissection at ligature mark, white glistening membrane parchment like were present, which is also a characteristic of hanging. Further postmortem report of deceased does not show any other characteristic of strangulation like congestion of face non dribbling of saliva, abrasions or ecchymoses round about the edges of the ligature mark subcutaneous tissues under the mark- Ecchymosed or ruptured carotid arteries, internal coats or scratches, abrasions fingernail marks and bruises on the face neck or another part of body. Absence of these traits further support the view that death of deceased was suicidal in nature. Here it would be pertinent to mention that PW-8 Dr. Sunil Katyal, who has conducted postmortem on the dead body of deceased, categorically stated that deceased has died due to asphyxia as a result of ante-mortem hanging and that postmortem of deceased was conducted by a panel of doctors. He has also stated that weight of body might have lied on neck, which resulted into death of deceased but there was no fracture in backbone or any bone of neck. He has also ruled out the possibility that deceased might have hanged after causing her death. Considering medical evidence in its entirety, it is apparent that it was a case of hanging and thus the possibility that deceased committed suicide can not be ruled out. Here it may also be mentioned that complainant as well as other witnesses have also deposed that death of deceased has taken place due to hanging. In view of evidence on record, it can not be held that deceased suffered death due to strangulation or that the death of the deceased was homicidal in nature. It is one of the fundamental principle that to hold a person guilty under Section 302 of IPC, the death of such deceased person has to be homicidal in nature. If medical evidence suggests that death of deceased took place due to suicide, the accused can not be held guilty for murder punishable under section 302 IPC. Learned trial Court has not made any discussion as to on what basis death of deceased has been found homicidal in nature and without making any such discussion and without rendering any such conclusion, learned trial Court committed error by convicting the accused-appellant under Section 302 IPC. Thus, conviction of accused-appellant under Section 302 IPC is not in accordance with law, hence unsustainable.
28.	Evidence on record reveals that deceased has committed suicide by hanging at her matrimonial home within a period of two years of her marriage. It is well as settled that death due to suicide also falls within the category of death "otherwise than under normal circumstances" as mentioned in Section 304-B IPC. All the witnesses of fact have categorically deposed that deceased was continuously harassed for dowry and she was brought to he matrimonial only one week before of incident. There is also cogent and categorical evidence that accused and his family members used to demand golden chain, motorcycle and cash of Rs. one lakh from deceased and on that account she was harassed by the accused persons but learned trial Court has acquitted accused-appellant as well as co-accused persons of charge under Sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act. As no appeal has been preferred against acquittal of accused-appellant under Sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act and thus, this Court can not alter conviction from under section 302 IPC to under Section 304-B, 498A and 3/4 of D.P. Act. Here it would be relevant to mention that in case reported as (2001)2 SCC 577 Shamnsaheb M. Multtani Vs. State of Karnataka, a three judge bench noted that where main ingredients of two cognate offences are common, the one punishable with lesser sentence can be said to be minor offence. Noting that the ingredients of Section 304-B IPC were different from those of section 302 IPC, the former could not be regarded as minor offence of the latter and it was held as under:
"In such a situation, if the trial court finds that the prosecution has failed to make out the case under Section 302 IPC, but the offence under Section 304-B IPC has been made out, the court has to call upon the accused to enter on his defence in respect of the said offence. Without affording such an opportunity to the accused, a conviction under Section 304-B IPC would lead to real and serious miscarriage of justice. Even if no such count was included in the charge, when the court affords him an opportunity to discharge his burden by putting him to notice regarding the prima facie view of the court that he is liable to be convicted under Section 304-B IPC, unless he succeeds in disproving the presumption, it is possible for the court to enter upon a conviction of the said offence in the event of his failure to disprove the presumption".
In view of above discussed position of law, it is not possible to convert conviction of accused-appellant from section 302 IPC to section 304-B , 498-A IPC and section 3/4 DP Act, particularly when no appeal has been filed against acquittal of accused-appellant under section 304-B , 498-A IPC and section 3/4 DP Act. The case of Girish Singh V State of Uttrakhand 2019 AIR (SC) 4529 and Hira Lal V State AIR 2003 Supreme Court 2865, referred by learned counsel for appellant pertains about applicability of section 304-B IPC, however, in the instant case as it has been found that due acquittal of accused-appellant under section 304-B IPC by trial court, it is not permissible to convert conviction of accused-appellant from section 302 to 304-B IPC, and thus no detail examination of said case laws is required.
29.	However, close scrutiny of evidence reveals that deceased was being harassed for dowry continuously since after her marriage till date of incident. PW-1 Mausam Ali, who is complainant of the case has consistently deposed that accused-appellant and his family members used to demand golden chain, motorcycle and cash of Rs. 1 lakh in dowry and when this demand could not be fulfilled, deceased has to remain for about seven months at her parental home. After intervention of some persons, deceased was taken to her matrimonial home by accused-appellant only about 8-9 days prior to incident by promising that they would not make any such demand and would not harass the deceased, but due to non-fulfillment of demand of dowry, accused-appellant and his family members caused her death by way of hanging. PW-1 has been subjected to cross-examination but no such fact could emerge so as to affect his testimony adversely. Version of PW-1 has been amply corroborated by PW-2 Rozudeen, PW-3 Mohd. Yunus, PW-4 Nawab Ali and PW-5 Qaiyum. All these witnesses have consistently and cogently stated that deceased committed suicide due to persistent demand of dowry and harassment by accused-appellant. In this regard no major contradiction or inconsistency could be shown. The fact that due to demand of dowry and harassment meted out by accused-appellant and his family members, deceased to stay for about seven months at her parental home, further supports prosecution case. The cumulative effect of entire evidence clearly indicate that deceased was continuously harassed and ill-treated on account of non-fulfillment of demand of dowry and due to intervention of some persons, she was brought back to her matrimonial home by accused-appellant by promising that he would not make any demand and would not harass the deceased but it appears that demand of dowry and harassment of deceased remained continued and due to which deceased committed suicide. The substance of evidence conclusively establishes that accused-appellant was persistently harassing and ill-treating the deceased as he was dissatisfied with the dowry given and the demand of golden chain, motorcycle and cash of Rs. one lakh was not fulfilled.
30.	At this stage, question which requires consideration is whether in view of such facts and evidence, is it possible to convict accused-appellant under Section 306 of IPC in the absence of any charge under Section 306 IPC. Dealing with similar issue in the case of Dalbir Singh vs State Of U.P 2004 (5) SCC 334, Hon'ble Apex Court has held as under:
"Here the Court proceeded to examine the question that if the accused has been charged under Section 302 IPC and the said charge is not established by evidence, would it be possible to convict him under Section 306 IPC having regard to Section 222 Cr.P.C. Sub-section(1) of Section 222 lays down that when a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. Sub-section (2) of the same Section lays down that when a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. Section 222 Cr.P.C. is in the nature of a general provision which empowers the Court to convict for a minor offence even though charge has been framed for a major offence. Illustrations (a) and (b) to the said Section also make the position clear. However, there is a separate chapter in the Code of Criminal Procedure, namely Chapter XXXV which deals with Irregular Proceedings and their effect. This chapter enumerates various kinds of irregularities which have the effect of either vitiating or not vitiating the proceedings. Section 464 of the Code deals with the effect of omission to frame, or absence of, or error in, charge. Sub- section (1) of this Section provides that no finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. This clearly shows that any error, omission or irregularity in the charge including any misjoinder of charges shall not result in invalidating the conviction or order of a competent Court unless the appellate or revisional Court comes to the conclusion that a failure of justice has in fact been occasioned thereby. In Lakhjit Singh (supra) though Section 464 Cr.P.C. has not been specifically referred to but the Court altered the conviction from 302 to 306 IPC having regard to the principles underlying in the said Section. In Sangaraboina Sreenu (supra) the Court completely ignored to consider the provisions of Section 464 Cr.P.C. and keeping in view Section 222 Cr.P.C. alone, the conviction of the appellant therein under Section 306 IPC was set aside.
After examining several provisions and earlier decisions, it was further held as under:.
"There are a catena of decisions of this Court on the same lines and it is not necessary to burden this judgment by making reference to each one of them. Therefore, in view of Section 464 Cr.P.C., it is possible for the appellate or revisional Court to convict an accused for an offence for which no charge was framed unless the Court is of the opinion that a failure of justice would in fact occasion. In order to judge whether a failure of justice has been occasioned, it will be relevant to examine whether the accused was aware of the basic ingredients of the offence for which he is being convicted and whether the main facts sought to be established against him were explained to him clearly and whether he got a fair chance to defend himself. We are, therefore, of the opinion that Sangarabonia Sreenu (supra) was not correctly decided as it purports to lay down as a principle of law that where the accused is charged under Section 302 IPC, he cannot be convicted for the offence under Section 306 IPC".
In K. Prema S. Rao and another vs. Yadla Srinivasa Rao and others reported in (2003)1 SCC 217, it has been held:-
"Mere omission or defect in framing charge does not disable the Criminal Court from convicting the accused for the offence which is found to have been proved on the evidence on record. The Code of Criminal procedure has ample provisions to meet a situation like the one before us. From the Statement of Charge framed under Section 304B and in the alternative Section 498A, IPC (as quoted above) it is clear that all facts and ingredients for framing charge for offence under Section 306, IPC existed in the case. The mere omission on the part of the trial Judge to mention of Section 306, IPC with 498A, IPC does not preclude the Court from convicting the accused for the said offence when found proved. In the alternate charge framed under Section 498A of IPC, it has been clearly mentioned that the accused subjected the deceased to such cruelty and harassment as to drive her to commit suicide. The provisions of Section 221 of Cr.P.C. take care of such a situation and safeguard the powers of the criminal court to convict an accused for an offence with which he is not charged although on facts found in evidence, he could have been charged for such offence.
Discussing provisions of section 221 CrPC, it was further held as under;
"As provided in Section 215 of Cr.P.C. ommission to frame charge under Section 306 IPC has not resulted in any failure of justice. We find no necessity to remit the matter to the trial court for framing charge under Section 306 IPC and direct a retrial for that charge. The accused cannot legitimately complain of any want of opportunity to defend the charge under Section 306, IPC and a consequent failure of justice. The same facts found in evidence, which justify conviction of the appellant under Section 498A for cruel treatment of his wife, make out a case against him under Section 306 IPC of having abetted commission of suicide by the wife. The appellant was charged for an offence of higher degree causing "dowry death" under Section 304B which is punishable with minimum sentence of seven years rigorous imprisonment and maximum for life. Presumption under Section 113A of the Evidence Act could also be raised against him on same facts constituting offence of cruelty under Section 498A, IPC. No further opportunity of defence is required to be granted to the appellant when he had ample opportunity to meet the charge under Section 498A, IPC."
In Lakhjit Singh vs. State of Punjab [1994 Supp. (1) SCC 173], the accused were charged and convicted of offence under Section 302 IPC. The High Court upheld their conviction. The Apex Court held that charge under Section 302 IPC is not established but convicted the appellants under Section 306 IPC. While rejecting the argument that in the absence of a specific charge under Section 306 IPC, the appellants cannot be convicted under that section, the Court observed:-
"9. The learned counsel, however, submits that since the charge was for the offence punishable under Section 302 Indian Penal Code, the accused were not put to notice to meet a charge also made against them under Section 306 IPC and, therefore, they are prejudiced by not framing a charge under Section 306 Indian Penal Code and; therefore, presumption under Section 113-A of Indian Evidence Act cannot be drawn and consequently a conviction under Section 306 cannot be awarded. We are unable to agree. The facts and circumstances of the case have been put forward against the accused under Section 313 CrPC and when there was a demand for dowry it cannot be said that the accused are prejudiced because the cross-examination of the witnesses, as well as the answers given under Section 313 CrPC would show that they had enough of notice of the allegations which attract Section 306 Indian Penal Code also."
In Ramesh Vithal Patil vs. State of Karnataka and others reported in 2014 (11) SCC 516, it has been held:-
"18. It is true that the appellant was not charged under Section 306 of the IPC. The charge was under Section 304-B of the IPC. It was, however, perfectly legal for the High Court to convict him for offence punishable under Section 306 of the IPC. In this connection, we may usefully refer to Narwinder Singh (2011) 2 SCC 47. In that case the accused was charged under Section 304-B of the IPC. The death had occurred within seven years of the marriage. The trial court convicted the accused for an offence punishable under Section 304-B of the IPC. Upon reconsideration of the entire evidence, the High Court came to the conclusion that the deceased had not committed suicide on account of demand for dowry, but, due to harassment caused by the husband in particular. The High Court acquitted the parents of the accused and converted the conviction of the accused from one under Section 304-B of the IPC to Section 306 of the IPC. This Court dismissed the appeal filed by the accused. It was observed that it is a settled proposition of law that mere omission or defect in framing charge would not disable the court from convicting the accused for the offence which has been found to be proved on the basis of the evidence on record. In such circumstances, the matter would fall within the purview of Sections 221(1) and (2) of the Code of Criminal Procedure, 1973."
31.	In view of aforesaid legal position, it is clear that if an accused is tried by competent Court and he clearly understands nature of offence and case is clearly explained to him and he has been afforded fair opportunity of defending himself, ensuring substantial compliance of provisions of law, in such facts and circumstances in view of Section 464 Cr.P.C. it is possible for appellate Court to convict the accused for offence for which no charge was framed unless the Court is of the opinion that failure of justice would in fact occasion. In order to judge whether failure of justice has been occasioned, it will be relevant to examine whether the accused was aware of the basic ingredients of the offence for which he is being convicted and whether main facts sought to be established against him were explained to him clearly and he has got a fair change to defend himself. When from statement of charge framed under Section 304B IPC and Section 498A, IPC it is clear that all facts and ingredients for framing charge for offence under Section 306, IPC existed in the case, the mere omission on the part of the trial Judge to mention of Section 306 IPC does not preclude the Court from convicting the accused for the said offence when found proved.
32.	In the instant case, the accused was charged under Section 498A IPC with allegation that he has physically and mentally harassed the deceased on account of dowry and he was also charged under Section 304B IPC alleging that he caused death of deceased by hanging and he was further charged under Section 3/4 Dowry Prohibition Act with the allegation that he has made demand of Rs. one lakh cash from deceased in dowry. Alternatively, he was charged under Section 302/34 IPC that he along with co-accused persons committed murder of deceased by hanging. It is apparent from record that cause of death as per postmortem report, was asphyxia as a result of ante-mortem hanging and copy of postmortem report along with other documents was supplied by committal Court to the accused. All these facts clearly indicate that accused-appellant was told and he has clearly understood the nature of offence for which he was tried and he was afforded full and fair opportunity of defending himself. There is nothing to indicate that substantial compliance of any provisions of law was not made. It is also clear that his conviction under section 302 IPC is being set aside mainly on the ground that death of deceased was not found homicidal in nature. Considering the nature of allegations and charge framed against accused-appellant, it cannot be said that conviction of accused-appellant under Section 306 IPC would occasion any failure of justice as accused was fully aware of basic ingredients of offence of Section 306 IPC. As indicated above, evidence on record clearly reveals that deceased was continuously and persistently harassed and ill-treated for dowry and for that reason even she has to stay at her parental home for about seven months, but due to intervention of some public persons, she was brought back by accused-appellant to her matrimonial home and after one week of the same, deceased suffered death due to ante-mortem hanging. As stated above, all the witnesses have consistently deposed that deceased suffered death by hanging due to continuous harassment meted out to her on account of demand of dowry. The evidence on record clearly indicate that by making continuous demand of dowry and causing harassment to deceased, accused-appellant driven the deceased to commit suicide. It appears that her life was made so miserable that she was driven to commit suicide. At this stage we also take notice of section 113-A of Evidence Act. A bare reading of Section 113-A shows that to attract applicability of Section 113-A, it must be shown that (i) the woman has committed suicide within a period of seven years from the date of her marriage and (ii) the husband or his relatives, who are charged had subjected her to cruelty. On existence and availability of the above said circumstances, the court may presume that such suicide had been abetted by her husband or by such relatives of her husband. Though presumption is not mandatory as the employment of expression "may presume" suggests. Secondly, the existence and availability of the above said circumstances shall not, like a formula, enable the presumption being drawn; before the presumption may be drawn the court shall have to have regard to "all the other circumstances of the case". A consideration of all the other circumstances of the case may strengthen the presumption or may dictate the conscience of the court to abstain from drawing the presumption. The expression "the other circumstances of the case" used in Section 113-A Evidence Act suggests the need to reach a cause-and-effect relationship between the cruelty and the suicide for the purpose of raising a presumption. In spite of a presumption having been raised the evidence adduced in defence or the facts and circumstances otherwise available on record may destroy the presumption. The phrase "may presume" used in Section 113-A is defined in Section 4 of the Evidence Act, which says "Whenever it is provided by this Act that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. The proof of cruel treatment or harassment of wife by husband or his relative to force her to fulfill demand of dowry is a necessary condition to invoke the presumption under section 113-A of the Evidence Act. In State of Punjab Vs. Gurmit Singh, (2014) 9 SCC 632, it has been held in the context of section 304- B of IPC that meaning of the words "any relative of her husband" occurring in Section 304-B IPC meaning of the words "relative of the husband" occurring in Section 498-A IPC are identical and mean such person related by blood, marriage or adoption. Presumption under Sec. 113-A and 113B is not similar in nature and burden to prove innocence is more on accused under sec. 113-B than under S. 113-A which placed a far lighter burden on the accused. In Pinakin Mahipatray Rawal Vs State of Gujarat, 2014 (84) ACC 348 (SC), it has been held that a presumption u/s 113-A Evidence Act as to offence of abetment of suicide u/s 306 IPC can be drawn when it is established that the person has committed suicide and the suicide was abetted by the accused. Where woman committed suicide within 7 years of her marriage and her husband or his near relative subjected her to cruelty in term of Section 498-A of IPC, the Court may presume that such suicide was abetted by the husband or such person.
In Ghulam Mustafa vs State of Uttarakhand, AIR 2015 SC 3101, the Court held that a casual remark or something said in a routine way or in usual conversation should not be construed or misunderstood to mean 'abetment.' A conviction on mere allegation of harassment without any positive action in proximity to the time of occurrence on the part of accused that led a person to commit suicide is not sustainable under section 306 IPC. Again, in Gurucharan vs State of Punjab, AIR 2017 SC 74, it has been held that to constitute the offence under section 306 IPC, there should be a live link between abetment and suicide and the intention and involvement of the accused to aid or instigate the commission of suicide.
33.	In the instant case it is not disputed that deceased committed suicide within 7 years of her marriage and there is consistent and cogent evidence that she was continuously harassed for dowry. In this regard evidence of PW 1, PW 2, PW 3, PW 4 and PW 5 is quite consistent. No such fact could emerge in their cross-examination, so as to affect credibility of these witnesses. As stated above, due to dowry demand and harassment by accused-appellant, deceased had to stay for about seven months at her parental home and she was brought back by the appellant only one week prior of incident, all the above stated witnesses have stated that deceased died as the accused-appellant continued his demand of dowry. The evidence on record clearly reveals that cruelty meted out to deceased was of such a nature so as to drive her to commit suicide. Learned counsel has referred case of Gurjit Singh V State of Punjab 2019 Supreme (SC) 1298. In that case, it was found by the Apex Court that cruelty was not of such nature, which left no choice to deceased than commit suicide and there was no material to show that a cause and effect relationship between the cruelty and the suicide for purpose of raising presumption. In the instant case, as discussed above, deceased has suffered continuous cruelty on account of dowry demand and due to that reason she has to stay for about seven months at her parent's house and that she was brought back by accused-appellant to matrimonial home only one week before the incident by assuring that he would not harass her but despite that he continued to make dowry demand of chain, motorcycle and cash of Rs 1 lakh and subjected her to cruelty. Thus, the only logical conclusion is that due to continuous cruelty suffered by deceased, she was left with no choice but to commit suicide. There appears direct nexus between the cruelty and the suicide of deceased. The conduct of accused-appellant is quite inculpatory as after incident he neither informed the police nor family members of deceased, rather he has fled from his house leaving dead body of deceased there. In view of specific facts and evidence on record, the presumption under section 113-A Evidence Act can be raised against appellant. The accused-appellant has failed to rebut the same. In view of evidence on record and raising presumption under section 113-A Evidence Act, a case under section 306 IPC is made out against the accused-appellant. Mere wrongful acquittal by trial court under section 498A IPC or Section 304-B IPC would not come in way of convicting the accused-appellant under section 306 IPC. Taking cumulative effect of entire evidence on record, the above discussed position of law, the accused-appellant Noor Mohammed can safely be convicted under Section 306 IPC.
34.	In view of aforesaid, conviction and sentence of accused-appellant under section 302 IPC is set aside and the accused-appellant is convicted under Section 306 IPC. So far as question of sentence is concerned, it is apparent that deceased has committed suicide within short span of two years of her marriage, due to persistent demand of dowry and harassment meted out by accused-appellant. Of late such offences and crime against women are on rise. It is well settled that sentence has to commensurate with gravity of offence and all attending facts and circumstances of the case. Considering all aspects of the matter, it would be appropriate that accused-appellant be sentenced to maximum punishment ie 10 years rigorous imprisonment along with fine of Rs. 10,000/ under 306 IPC.
35.	In view of aforesaid, conviction and sentence of accused-appellant Noor Mohammed under Section 302 IPC is set aside and he is convicted under Section 306 IPC and sentenced to 10 (ten) years rigorous imprisonment along with fine of Rs 10,000/. In default of payment of fine, accused-appellant has to undergo three months additional imprisonment. Accused-appellant Noor Mohammed is stated in jail, he shall serve out remaining sentence.
36.	Appeal is partly allowed in above terms.
37.	Copy of this judgment be transmitted to the court concerned for information and necessary compliance.
A. Tripathi
(Raj Beer Singh, J) (Naheed Ara Moonis, J)
Posted in Allahabad HC 498A Judgments Tagged 489a help, 498a, 498a case, 498a free advice, 498a judgments, 498a legal support, 498a misuse, 498a support, Allahabad High court judgments, dowry, dowry cas, DV Act, DV Act judgments, DV Act legal support, DV Act support
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It's only been a little over a month since the Los Angeles Lakers traded for guard Isaiah Thomas, but it's clear that something is off. Last season, Thomas was a fringe-MVP candidate, driving the Boston Celtics' attack and captivating the league with his gutsy, unflappable play. Whenever the Celtics needed a big shot in the fourth quarter, Thomas was there to step up.
This season, however, he hasn't been able to get his mojo back. A hip injury slowed him in the offseason, and with his contract expiring this summer, Thomas badly needs to start producing at somewhere close to his previous level. On this episode of the LN Podcast, Trevor Lane and Hannah Kulik take a look at exactly what is going on with Thomas' game.
Additionally, with the Lakers suddenly short-handed on the wing thanks to Corey Brewer's buyout and Brandon Ingram's injury, should they consider activating Luol Deng? The veteran forward has only played 13 minutes all season despite being one of the highest-paid players on the team. We dig into whether or not it's time to dust off Deng.
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text:
Record number of visitors at BSBI Exhibition Meeting 2015
Massed botanists at the 2015 Exhibition Meeting
Image: T. Swainbank
Well I hope that everybody who contributed to the success of yesterday's BSBI Exhibition Meeting is enjoying a very well-deserved rest today. 205 botanists came together to share their passion for British and Irish wild plants, and every single one of them played a part in making this a day to remember.
So we can justifiably call this our best attended Exhibition Meeting since records began: 182 people attended last year's Exhibition Meeting at University of Leicester and 192 at the Natural History Museum in 2013...
Our next generation of botanists:
Ryan (on left) George (in the middle)
& Reuben (on right)
Image: K. Garnett
The eight talks and 44 exhibits were so amazing that I'm not going to try and summarise them here. They deserve several posts of their own and we will be uploading all the talks and as many as possible of the exhibits in the next few days so you can all see them, and sharing images of the more traditional exhibits, like the 5foot parsnip seedhead from Alan Leslie's Cambridge Miscellany. Not quite sure how to upload that ...
Perhaps the most notable feature of the meeting - and the one which gave me most pleasure - was seeing many of this country's most eminent botanists chatting away happily with less experienced botanists, whether newcomers to BSBI or younger botanists who are just getting started in their careers. And there were many more fresh young faces at this AEM than at any I can remember.
Having a go at John Poland's Plant ID Quiz
Throughout the day, many people came up to me, grinning from ear to ear, because they'd just exchanged comments with botanical "big names" like Clive Stace, Mick Crawley, Kevin Walker, Pete Stroh, Sandy Knapp, Tim Rich, Sarah Whild, Ian Denholm, David Pearman, John Poland, Eric Clement, Lynne Farrell, Paul Smith, Philip Oswald, Fred Rumsey, Arthur Chater, Ray Harley, Helena Crouch, Chris Metherell... and found them all so friendly, helpful and approachable.
I think we have finally laid waste the stereotype that great botanists are remote, dull and humourless!
Ryan overcame his nerves and his talk about
BSBI's New Year Plant Hunt was a huge success
Image: A. Farrell
This year's Exhibition Meeting was a real testament to what can happen when we all work together. Members of BSBI's Meetings & Communications Committee and/or our new Membership Advisory Group worked with the team at the Natural History Museum, putting in a huge amount of work in advance and on the day - special mention goes to:
Ryan, who designed the new BSBI banner which greeted visitors on arrival, exhibited a poster about BSBI's New Year Plant Hunt and calmed any nerves he may have been experiencing about giving a talk on the Plant Hunt later that day by turning up early to help lug in all the display boards and tables we needed!
One of the historic orchid specimens
from the NHM herbarium, displayed
on the 'Orchid Observers' stand
Kylie, who handled advance bookings and very nobly passed up the chance to hear most of the talks so she could (wo)man the Reception Desk for most of the day, ably assisted by her sister Natalie.
Fred Rumsey at the Natural History Museum, who hosted this meeting for us, and colleagues Mike Waller (of 'Orchid Observers' fame) and Caroline Ware (of NHM Wildlife Garden fame). Fred handled all the organising at NHM's end, helped by Caroline and Mike, and his reward was to be rushed off his feet all day leading three fully-booked herbarium tours.
Caroline's three guided tours of the NHM Wildlife Garden also proved very popular and people were delighted to find that there is so much to see there, even in November, and to hear that the Garden is open most of the year and free to enter. And to find out that Caroline is always happy to give fellow botanists a guided tour if you get in touch with her in advance to set a date.
Waheed (on right) takes a break
from manning the Reception
Desk to check out the exhibits
Oli Pescott, George Garnett and Waheed Arshad - amazing young botanists, set to become the "botanical big names" of the future in my opinion, who were happy to turn up at silly o'clock to lug boards and tables or hand out exhibitor packs!
Special shout-out for another young botanist, Anna Farrell, who very kindly helped me transport material to the meeting - half the display boards would have been bare without Anna's help and nobody would have received a visitors' pack!
All these people - and everyone who turned up on the day - helped to make this meeting a great success but there's one person who hasn't even been mentioned yet, even though his contribution over the past few years has turned BSBI into the kind of society which, as this year's Exhibition Meeting demonstrated, can welcome in younger members and beginner botanists and also retain the interest and involvement of all those botanical big names.
So it was a bittersweet moment to see Ian Denholm, Co-Chair of Meetings & Communications Committee and BSBI President since June 2013, step down yesterday - as our Rules insist he must - and hand over to our new President John Faulkner, who was voted in unanimously at the Annual General Meeting, which was also held yesterday. Ryan tweeted:
Ryan Clark @RyanClarkNature 11h11 hours ago
The changing of the guard. @ian_denholm steps down as president of @BSBIbotany , to be replaced by John Faulkner
1 retweet5 likes
John will be no stranger to regular readers of this blog and having spent time recording in the field with him on a wet day in the Outer Hebrides - the best test I know of a botanist's true character! - my humble opinion is that he's a good'un - different style to Ian but that's the nice thing about a new President, they come in with new ideas and build on the achievements of their predecessors. I look forward to telling you more in the coming weeks about John and what he hopes to achieve as President.
John Faulkner leading a field meeting to
Garry Bog, BSBI Summer Meeting 2015
Image courtesy J. Faulkner
He certainly has some big shoes to fill - just type Ian's name into the search box on the right to get an idea of some the field, indoor and committee meetings that he has attended as President, the local groups he has enthused and the many times he has represented the society at outreach events and press launches.
Ian now joins the ranks of eminent past Presidents such as David Allen, Clive Stace and David Pearman, all of whom were present yesterday as the society thanked Ian for his outstanding service over the past few years and looked forward to his ongoing contribution as Co-Chair of Meetings & Communications Committee and as Chair of the Board of Trustees. Well, you didn't think we'd just let him pootle off and look at orchids did you!
Record number of exhibits for BSBI Exhibition Meeting
Orchid Observers: Fred (on right) & historic orchid
specimens from the NHM herbarium
Blimey, botanists - we asked you for lots of great exhibits for this Saturday's Exhibition Meeting and we expected similar numbers to last year (31) and the year before (32). What did you offer us?
44 exhibits to fit into the Flett Theatre at the Natural History Museum! It was tricky but we've done it, so you should find the hall full to the brim with botanical delights when you arrive on Saturday morning.
Here's a taste of what we have to look forward to at this year's AEM:
Exhibits from BSBI members on the flora of locations including St. Kilda, South Wales, Cambridgeshire, Yorkshire and the Little Ouse Valley Fens.
Testing NPMS survey methods: Kevin (on right)
Pete (red T-shirt) & Oli (blue hat)
Image: M. Pocock
For orchid-obsessives we have exhibits about the Ghost Orchid Project and Orchid Observers, the latter featuring historic rare orchid specimens from the Natural History Museum Herbarium.
If rarities and plant distributions are your thing, you'll also want to check out the BSBI Science Table, where Kevin and Pete can tell you about BSBI's Species Accounts, Atlas2020 and the Threatened Plants Project. And don't miss two exhibits from Quentin Groom based on his New Journal of Botany paper about herbarium networks and historic female botanists.
If you want to know more about botanical training courses, or plants to get children and young people involved in botany, or how to get started in ecological consultancy, or how BSBI training grants can help you improve your ID skills, head over to the Training & Education area of the hall.
John Poland (on right) is always happy to help
with vegetative plant ID!
Wondering where the actual plants are? John Poland will have some on his Vegetative ID Table (hopefully with one of his fiendishly tricky ID quizzes) and there's also an ID Table where you can bring along plant specimens and challenge some of the country's top botanists to help you identify them.
Combining the old and the new, exhibits on herbaria will sit alongside interactive displays showing how social media can help people get involved in botany. Kevin Widdowson will be showing us his Facebook group which helps beginner and improver botanists work through Plant ID keys.
Strawberry Tree in flower in Co. Kerry
for the New Year Plant Hunt 2015
Image: R. Hodd
Louisa Armstrong offers a poster on 'Wild Flower Hour', which in just a few months has become incredibly popular. Every Sunday evening from 8-9pm, botanists take to Twitter to share pictures of any wild flowers they have seen in flower across Britain and Ireland during the previous week.
Two final exhibits to tell you about, tying in with two of our speakers: Oli Pescott will be showing us some of the on-line resources available to participants in the National Plant Monitoring Scheme and exhibiting a poster showing successes from the first year of the scheme, to compliment his talk on the same subject. And Ryan Clark's poster and talk will give you the low-down on the New Year Plant Hunt - successes in 2015 and how to get involved in January 2016.
Will that do for a Saturday in November? As well as eight talks, fully-booked herbarium tours, a pop-up natural history bookshop, guided tours of the famous NHM Wildlife Garden, catching up with old friends and meeting new ones?
BSBI training grants help budding botanists: Part Four
Preston Montford Field Centre: the pond
Image: Copyright Betty Longbottom and
licensed for re-use under
this Creative Commons licence
Delighted to hear from Marcus, who received a BSBI training grant this year. He will be offering a poster about the grant and what it helped him achieve at next weekend's BSBI Exhibition Meeting but for now, here's Marcus's guest blogpost:
"Each year the BSBI gives out a number of grants to budding botanists. I was lucky enough this year to be the recipient of one of these grants, which allowed me to spend a fantastic long weekend at the Field Studies Council's Preston Montford Field Centre studying a course on aquatic plants.
Aquatic plants from
Thursley Pool, Surrey
Image: M. Militello
"The course was taught by environmental consultant and BSBI member Nick Law and Sarah Whild, BSBI trustee and Chair of BSBI's Training & Education Committee. Having only studied botany on a casual basis for the previous year and a half I had, prior to the course, next to no experience in aquatic plant identification, so was a little daunted at the prospect of learning the features and names of a whole host of plants that I was unfamiliar with.
"Additionally upon arrival I found out that many aquatic plants spend little time in flower, making things even tougher! For this reason, learning to use vegetative keys was crucial in order to correctly identify specimens. Having in the past focused primarily upon identification via flowers I had much to learn!
"Sarah and Nick did however make things seem much easier than I had expected. The dichotomous key they had created was an extremely useful and easy to follow guide for the amateur aquatic botanist and I was generally able to correctly identify specimens in the classroom. A host of reference books were also supplied and turned out to be very useful, particularly when identifying the harder species.
"I made much use of Rich and Jermy's Plant Crib and learnt to use the polychotomous keys in Poland and Clements 'Vegetative Key to the British Flora' a book which has now become one of my field identification stalwarts and is with me at all times in the field.
"As with any good FSC course there was also a field based portion. This gave all students a chance to experience rural Shropshire and identify the plants in situ, which is something I always find more difficult than identifying within the classroom but is invaluable, since this is where the majority of identification must take place. Sites visited included Bomere Pool, Montgomery Canal and Wildmoor pool, which covered a range of habitats, and each had its own distinctive assemblage of species.
"In the month following the course I took part in the BioBlitz at Moors Valley Country Park, where I was at that time based. I led a small group of families around the park teaching them about aquatic plants. Everyone got to have a go with the grapnel, pulling many a pondweed and hornwort out of the stream. It was great to be able to pass on some of what I learnt on the course to members of the public.
Water Fern Azolla filiculoides
Image downloaded from GBNNSS and
reproduced under Crown Copyright
"Since then I have moved onto a post with Amphibian and Reptile Conservation, something which I believe the course aided me in getting. I have found my new knowledge of aquatic plants has been great when running volunteer groups in pond habitats. I am able to point out and name plant species that will be of benefit to the rarer species of amphibian: Great Crested Newt and Natterjack Toad.
"I would again like to say how thankful I am to the BSBI for their support - through awarding grants of this nature I feel the BSBI effectively nurtures the next generation of botanists and helps spread knowledge about botanical biodiversity around the British Isles. I certainly feel it has enriched my understanding of British botany and has helped me to choose the Masters Degree programme in Biological Recording, which I am now studying".
Many thanks to Marcus for explaining so clearly how his BSBI training grant helped him improve his botanical skills and get the job he wanted in conservation. Find out more at the BSBI Exhibition Meeting.
BSBI members in the news!
An attentive audience for talks at last year's AEM
We have a great selection of speakers lined up for the BSBI Exhibition Meeting on 28th November and one of them was on local radio this morning!
George Garnett was talking to BBC Radio Guernsey about his experience of botanising on the island. He'll be telling us more at the Exhibition Meeting, sharing a slot with BSBI President Ian Denholm who will be talking about orchids on Jersey.
We plan to upload their presentations - and those of our other speakers - to the BSBI website early in December.
Ryan Clark in the field.
Image courtesy of R. Clark
For now, you can listen to George here (starts 2 hours 25 minutes in). The interviewer makes much of George's youth and the fact that he will be the youngest ever speaker at a BSBI Exhibition Meeting.
This is true and we are delighted to offer our younger botanists a platform but George was invited to speak because he is an excellent botanist working at the southern limits of BSBI's range and we'd like to hear more about the plants he records on the island!
Ryan Clark will also be talking at the Exhibition Meeting about the New Year Plant Hunt, which was mentioned in this morning's Guardian.
Frozen nosegay picked during
Image: J.R. Clough
Check out this Country Diary column by BSBI member and journalist Phil Gates, who talks about late-blooming plants and name-checks not only BSBI but also the Wild Flower Society who will also be exhibiting at the Exhibition Meeting.
Ryan will also be announcing details at the Exhibition Meeting of the 2016 New Year Plant Hunt and how you can get involved. It's a busy month for Ryan - he's giving a presentation today about biological recording at the NBN conference in York.
If you would like to hear Ryan, George and seven other speakers, including our keynote talk from Prof Mick Crawley, but you haven't yet booked for the Exhibition Meeting, don't panic! You can still book here but the herbarium tours are all full up now, so you will have to settle for eight amazing talks and a record number of exhibits!
Is the next Japanese Knotweed already in your garden?
Houttuynia cordata in Katharina's garden -
she has found it hard to get rid of
Image: K. Dehnen-Schmutz
That's the question that Katharina wants News & Views readers to help her answer! Over to Katharina to tell us more:
"Most alien plants in the British flora considered to have negative impacts have been introduced as ornamental garden plants. There are often long delays from the introduction to the recognition of a problematic invasive plant.
"A new project aims to test if the reporting of early warning signs from gardens could help to design more effective prevention strategies at the early stages of the invasion process.
Crocosmia x crocosmiifolia naturalised in Cornwall
"Gardeners are therefore asked to report ornamental plants that are spreading in their gardens and are difficult to control using this online survey. Up to five plants can be reported.
"People who have taken the survey already say that it takes between 10 and 15 minutes. Time well spent to perhaps prevent the next Japanese Knotweed.
"As this is a pilot I am mainly interested in responses from people who are able to identify the plants they report. In the final version there will also be an option to send photos, which does not really work at this time of the year.
"I will also be at the BSBI Annual Exhibition Meeting on the 28th of November to introduce the project and hopefully report some first results".
Gunnera tinctoria colonising a
roadside ditch on Benbecula.
Image: F. Donald
Many thanks to Katharina for telling us about this project - the on-line survey sounds ideal for any gardener or botanist who has had a go at the National Plant Monitoring Scheme and the New Year Plant Hunt and is ready for another challenge. You could try out the pilot survey now and offer some helpful feedback or wait until next year for the final version. Or both!
To give you a bit more background, here's a link to a blogpost about alien plants by BSBI member/Plantlife officer Dr Trevor Dines.
BSBI members have previously drawn attention to the spread of Gunnera tinctoria which has "jumped the fence" of some larger gardens in the north and west of these islands, and is becoming quite a pest. If we can help flag up any other potential problem plants at an early stage, we could all save ourselves a lot of time and expense further down the line!
If you've already booked for this year's Exhibition Meeting, you will be able to find out more about the survey from Katharina. If you haven't booked yet, you can still do so here.
BSBI training grants help budding botanists. Part three.
Another budding botanist has been in touch to tell us about the BSBI training grant she received, the course she was able to attend and what she learned. Over to BSBI grant recipient Rozanna Shah:
Wild strawberry with pointed leaf tip -
points out that there will be strawberries here!
Image courtesy of Floral Images
http://www.floralimages.co.uk/page.php?
taxon=fragaria_vesca,1
"I was very lucky to receive a grant from BSBI to study higher plants on a Fields Studies Council identification course. I was already undertaking a post-graduate certificate in countryside management with Manchester Metropolitan University and wanted to focus on developing my botany with the FSC courses that were set units as part of the course. I chose a woodland plants course run by Nick Law at Preston Montford. It looked fascinating due to the variety of plants and habitats covered in the course and in the beauty of the Shropshire hills.
"Nick was an extremely knowledgeable and engaging tutor and ecologist at Derbyshire Wildlife Trust. He started out with an evening session on identification skills, using keys and guides and also gave us a couple of evening sessions covering the detail of mosses, liverworts and ferns.
Barren Strawberry with a depressed terminal tooth:
you will be depressed too if you go to this plant
hoping to find a strawberry!
taxon=potentilla_sterilis,1
"Nick planned a thorough route through some fascinating woodlands including lowland beech, sessile oak woods and then wet alder woodlands, ensuring we stopped and covered any species seen spontaneously.
"He had a great set of diagrams and lists of diagnostic features to distinguish between other similar looking species and this I found the most useful aspect, I won't be confusing sessile and pedunculate oak in the future for example. The features were very clear and many were not in ID guides so comprehensive notes were needed.
"I was intrigued to discover plants I wouldn't have considered as woodland flowers and some of the clear diagnostic features once they were pointed out. For example, Barren and Wild strawberries which could be distinguished by simply comparing leaf tips.
Early dog-violet with a darker spur
taxon=viola_reichenbachiana,1
"And one of my favourite features were the darker and lighter spurs of Violets which indicated whether they were common or the early dog-violet, seemingly simple features but on the surface species appearing very similar. Other great ID tips included dark marks on fern scales and kidney or J-shaped indusia or spores! This I found particularly helpful for collecting specimens for my subsequent coursework on ferns.
Common dog-violet with a paler spur
taxon=viola_riviniana,1
"Nick also tested us throughout the course and stopped us at bridges as the 'Grumpy Old Man' that wouldn't let us past until we got a question right, whether it be correcting our Latin names and family associations or diagnostic features to split up associated plants and remember them more easily.
"As difficult as being put on the spot was, it was a great way to revise on what we had learnt so far as there was so much amount of information to digest.
"We also covered ancient woodland indicator species and over 70 species and 30 families in total over the course of the weekend and it was a fabulous introduction to some difficult groups such as ferns and mosses, which are actually crucial for some detailed woodland surveying I would go on to assist with for consultancy. This includes NVC surveys which rely heavily on ground flora and mosses to categorise habitats into specific communities".
Botanical recording in the Cairngorms National Park
Field Gentian.
Image courtesy of Floral Images:
php?taxon=gentianella_campestris,1
Good to hear from Andy Amphlett, BSBI Recorder for Banffshire (VC94), who has been out again this year recording plants in Cairngorms National Park (CNP). Andy also co-ordinated the recording efforts of more than 40 fellow botanists in the Park this year and between them, they have amassed an amazing total!
Here is a brief update from Andy, and the map below will give you a better idea of where he and fellow recorders have been recording this year:
"The total number of CNP records now in the BSBI database for this year is 27,175 records, of 777 taxa, in 297 tetrads. This includes 1592 records of 152 taxa in the CNP Rare Plant Register. The map below shows taxa recorded per tetrad in 2015.
"98% of the records have been made at 1km precision or better, and 66% of records are to 100m precision or better.
"A small amount of recording is ongoing, but the main emphasis now is on checking and validating records, and ensuring that any remaining records are submitted in a timely fashion. I envisage writing the report on this year's recording in December".
I asked Andy if there were any notable records and he mentioned 125 records for Gentianella campestris (Field Gentian) and 56 records for Lycopodium annotinum (Interrupted Clubmoss). He also said that the BSBI recording weekend held in VC92 in August yielded around 1,500 records within the CNP, although this was not part of the CNP-supported project.
Many thanks to Andy for this update and congratulations on the amazing number of plants he and fellow botanists have recorded this year in CNP. We look forward to seeing his report when it's ready. Now here's the map (click to enlarge):
Tetrad map: botanical recording in the Cairngorms National Park, 2015
Image courtesy of Andy Amphlett
Moving tribute to John Sawyer by young naturalist
This is a very moving tribute to John Sawyer from Ryan Clark, one of the many young biological recorders and nature lovers who were inspired and personally encouraged by John.
Sad news and a great loss
John Sawyer admiring a wild orchid.
Image courtesy of NBN Trust
BSBI was shocked and saddened to hear yesterday of the untimely death of John Sawyer, CEO of the National Biodiversity Network Trust.
Ian Denholm, BSBI President said, "The sad news of John's untimely death comes just as he was proving such a dynamic force in reshaping NBN and strengthening natural history recording in the UK.
"We offer our deepest condolences to John's family and friends and extend our sympathy and support to all our NBN colleagues at this difficult time."
BSBI training grants help budding botanists. Part Two.
Great views during a coastal walk near the Centre
Image: D. Wallace
The second in an occasional series in which recipients of BSBI training grants in 2015 tell us about the course which the grant allowed them to attend, what they learned and what they have been able to achieve as a result of the course.
Grants for 2016 will be advertised on the BSBI Training page - this usually happens on 1st January.
For now, here's Debbie's account of how the training grant helped her:
"Receiving a BSBI training grant this year enabled me to attend a Difficult Plants course at Slapton Ley Field Studies Centre (FSC). This course has opened new doors for me, improving my knowledge of some of the more difficult plant families and taking me a step forward in my study of botany.
"Having had the pleasure of attending one of Ros Bennett's botany courses during 2014, I was really keen to progress by tackling some of the plants which I find challenging to identify. The FSC course description asked, "Are you a botanist who still shies away from the dandelion look-alikes? Have you tried and failed to sort out the willows or the docks for instance? Do you find yourself saying 'I don't do sedges, or ferns, or goosefoots'?"
"Having previously picked up, and hastily put down, numerous yellow flowered Asteraceae, having wondered about Willows, pondered upon Polygonums and on occasions found myself somewhat bewildered by the difference between Chenopodium and Atriplex, I was convinced that I needed to learn more about these plant groups.
Serratula tinctoria
"The course description went on to say, "By the end of the course you should be inspired with confidence and enthusiasm to tackle 'new' and attractive plants and so discover yet more of our amazingly beautiful, intriguing and surprisingly diverse flora." Having decided that this course was for me, I am delighted to report that I was not disappointed.
"Although the participants came from quite different botanical backgrounds, attendees' previous experience and aspirations were well catered for by Ros and everyone had a really enjoyable and very educational three days. The time spent in the classroom, learning about the key features of the plant groups, was followed up by many enjoyable hours of field practice (in the sunshine).
The yellow glandular hairs of Sonchus arvensis
"By observing features including pappus hairs, leaf hairs, the achene shapes and the arrangement of the involucral bracts, we were able to key out many members of the Asteraceae. I particularly liked the yellow glandular hairs of Sonchus arvensis; however, I think my favourite Asteraceae of the course has to be Serratula tinctoria (Saw-wort).
"Ros' own lateral key to native 'Dandelion look-alikes' really unlocked the mysteries of this group and a laminated copy of this key has a permanent place in my rucksack. I often produce this key at times when my non-botanising companions least expect it (e.g. the occasions when I have an overwhelming urge to have a 'quick look' at some Crepis capilaris growing out of a kerb in a supermarket car park).
The elongated oil-glands on 3-ribbed achenes of
Tripleurospermum maritimum
Image: D, Wallace
"Mayweeds were another group covered. On a stunningly beautiful coastal walk, we were tasked with finding specimens in order to observe their diagnostic characteristics. We found that members of the genus Tripleurospermum have 3-ribbed achenes, additionally, that Tripleurospermum maritimum has elongated oil glands on its achenes, whereas those of Tripleurospermum inodorum oil glands are rounded. A less pleasant revelation was discovering why Anthemis cotula is known as Stinking Camomile!
"In addition to moving the entire group's botanical knowledge forwards, Ros also had a great talent for finding the most beautiful spots for our lunch stops. Eating Slapton Leys' finest packed lunches, whilst surrounded by Lobelia urens (Heath Lobelia), is a rare pleasure.
Lobelia urens
"The course has been part of a botanical learning journey for me this year. Having attended other botanical courses, including a sedge identification course and also completing the on-line Identiplant course, I feel that I am now able to make a useful contribution to botanical recording. Participating in the Identiplant course was a really useful and rewarding experience and one that I can highly recommend.
"The combined knowledge gained from these courses was employed to good effect during a holiday in Plockton on the west coast of Scotland. Plockton has a small, un-manned airfield with beautiful, herb-rich grassland.
"An enjoyable morning exploring the site, recording every plant which I could identify, left me with not only a list of plants which have been submitted to the Vice County Recorder, but also with the immense satisfaction that I could confidently identify almost every vascular plant to species level.
Species-rich grassland at Plockton Airfield
"The records were well received, several new hectad records were recorded and two voucher specimens are currently with BSBI Specialist Referees for determination. Chris Metherell kindly identified a Euphrasia species which was abundant at the site, as Euphrasia arctica x nemorosa; another new hectad record.
"In addition to my passion for vascular plants, I have a keen and developing interest in both bryophytes and lichens. A previous commitment to attend a lichen microscopy course (which I am really looking forward to), prevents me from attending this year's BSBI Annual Exhibition Meeting; however, I am looking forward to the Annual Summer Meeting, being held next May at FSC Blencathra".
Many thanks to Debbie for this report - sounds like she really got a lot out of her BSBI training grant! I think we should all go along to next year's Summer Meeting so she can show us how to ID those tricky Dandelion lookalikes :-)
Record number of visitors at BSBI Exhibition Meeti...
Record number of exhibits for BSBI Exhibition Meet...
BSBI training grants help budding botanists: Part ...
Is the next Japanese Knotweed already in your gard...
BSBI training grants help budding botanists. Part ...
Botanical recording in the Cairngorms National Par...

redpajama_set_name: RedPajamaCommonCrawl


Former boxer Bob Fisher from Knowle with Bedminster Down pupils at City Academy.
Sporting heroes from the past came together recently to support a Knowle West memory project which has been working with a local secondary school.
The event on 13 May at the City Academy in Lawrence Hill saw some Olympic and Commonwealth sporting greats coming to view the Sporting Memories exhibition and meet pupils from Bedminster Down.
Olympic runner and Silver medallist at the 1982 Commonwealth Games, Nick Rose (63), who went to Merrywood School in Knowle West, and Olympic triple jumper and former St Mary Redcliffe pupil Vernon Samuels (49) both attended the event.
Sporting Memories has been running at venues across the city – including Knowle West Media Centre – for the past two years.
For the last two months the project has been working with the Bedminster Down pupils who have been collaborating with the older people to record their memories and research old photographs.
Former professional lightweight boxer Bob Fisher who grew up in Knowle West and attended Connaught School took part in the project.
Bob (68) has also dedicated much of his life to volunteering as an official at the Paralympics and was a delegate in charge of disabled football at the games.
He said: "I think it's good when you talk to young people, they are interested in the past. We're aware things are changing and can see what they are doing now.
Nick Rose who was first spotted running with his school on Filwood Playing fields said it was good that older sportsmen could provide inspiration to young people.


The University Archives is home to more than 100 years of CMU's history. Its mission to is document, preserve, and provide access to records documenting life at CMU and the contributions of its students and faculty. Examples of Archives material include academic department records, student organization records, faculty and alumni papers, and publications like the Tartan, the Thistle, and the Faculty Bulletin.
Everyone is welcome to do research in the Archives. We recommend making an appointment as many of our collections are stored off site and may require several days to be delivered. You will need to complete a researcher registration form before you can access material.
Guides to our physical collections. Some collections have digitized content.
Browse our fully digitized collections.


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In business, you often get used to a range of different ways that you can feel unsettled. From payments being late to concerns over losing a client, you could never say life is boring when you have your own business. But at the same time, the challenges can often leave you feeling drained. And when you feel like you've been wronged, you often have to be able to either work through things to make them right, or stand your ground and fight back. To do that, you may need to work with a range of different business professionals, and take action, using some of the steps below.
If you're serious about fighting back, the first thing you need to do is get all of the facts together. Whether you've got outstanding invoices that are still owing, or you've had some intellectual property stolen, you need to be able to gather all of the important information together first. If you're going to build a case and put things right, you have to get everything together so that you have everything you need, including fine details, for when you approach the people in question.
But sometimes, information isn't enough. Say you've suspected an employee of stealing or feeding information outside of the business - when the wrongdoing is something like this, you may need proof. For that, hiring a private investigator could provide you with the concrete evidence that you need. However, before you decide to hire anyone, you may need to speak to a professional for legal protection. And that would obviously be in the form of a lawyer.
As the last stage may have indicated, you should then look into hiring a lawyer. When you have an issue that needs to be put right, you're always better off going to a professional, rather than handling it yourself. If you do, you could make matters worse - for yourself! With a commercial litigation attorney, you should find that you're able to get the wrong put right. They can handle a lot of the hard work for you, so that you can start to get your business back on track.
Then, you're going to want to approach the person or company that has done you wrong. Your lawyer may be able to handle all of this for you. If you're suing them, your lawyer will serve them with the papers. Although you may want to handle this yourself, it is probably best that you don't. Again, you don't want to make matters worse when they're on their way to being mended.
Above all else, you should ensure that you're able to stay professional the entire time. It may seem hard, but if you really want to make that wrong a right, you have to be a bigger person and remain professional throughout the process. When you're able to hold your head high and let justice do its thing, you will feel a whole lot better. By following a simple procedure in this way, your business will be back to normal in no time.
I hope you enjoyed this article about how to fight back when you've been wronged financially in your business endeavors.