Penal Code, 1860 : ss. 304 B, 498 A and 201 – Dowry Death – Presumption as to dowry death – Prosecution case that woman married two years ago, killed by her husband-appellant and inlaws for dowry – Death was unnatural and the victim was cremated without even informing her parents – Trial court convicted the appellant, brother-in-law and mother-in-law u/ss. 304 B, 498 A and
201 and sentenced them to undergo rigorous imprisonment for ten years u/s 304B, rigorous imprisonment for two years respectively u/ss. 498A and 201 – In appeal, the conviction and sentence of the brother-in-law and mother-in-law set aside whereas the conviction of the appellant upheld, however, the sentence u/s. 304B reduced to seven years – On appeal, held: In the evidence led by the prosecution, none of the witnesses stated about the cruelty or harassment to the victim by the appellant or any of his family members on account of demand of dowry soon before the death or otherwise – Rather harassment not been narrated by anyone – Only certain oral averments regarding demand of motorcycle and land which was also much prior to the incident – Evidence led by the prosecution did not fulfil the pre-requisites to invoke presumption u/s. 304B or s.113B of the Evidence Act – Even the ingredients of s. 498A not made out – Mere death of the victim being unnatural in the matrimonial home within seven years of marriage not sufficient to convict the accused u/ss. 304B and 498A – Cause of death as such not known – Thus, the conviction and sentence of the appellant u/ss. 304B, 498A and 201 not justified – Impugned judgment of the High Court set aside – Evidence Act – s. 113 B.
Baijnath v. State of M.P (2017) 1 SCC 101 : [2016] 11 SCR 764 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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