Penal Code, 1860 – s.498A r/w s.34 – Dowry death alleged – Appellant-accused (elder brother of deceased’s husband) convicted along with husband and father-in-law – Confirmed by High Court – On appeal, held: Apart from vague allegations, no specific instance of hostile attitude or persistent demands of dowry were pointed out by any of the witnesses – Ingredients of s.498-A not proved against the appellant – Appellant acquitted of the charges levelled against him.
Allowing the appeal, the Court
HELD: 1.1 On perusal of the testimonies of the witnesses, it is found that P.W.10 names the appellant-accused to have been troubling the deceased for demand of dowry of Rs. 10,000/-. However, in his deposition, the appellant-accused is named in the same breath along with other accused persons and their family members. Apart from this witness, P.W.7, P.W.8 and P.W.9 depose that the deceased was being troubled at her matrimonial home, without particularly naming the appellant-accused. Apart from these vague allegations, no specific instance of hostile attitude or persistent demands of dowry have been pointed out by any of these witnesses. Further, P.W.7, brother of the deceased, has admitted in his cross-examination that the deceased used to write him letters from her matrimonial place, and that, none of the letters mention any harassment on account of demand of dowry. All other independent witnesses turned hostile and have not supported the prosecution story. In fact, even P.W.2 who is the paternal uncle of the deceased and a witness named in the FIR, has not supported the prosecution story. Thus, on consideration of the oral testimonies of the witnesses, the ingredients of Section 498-A IPC have not been proved against the appellant-accused by the prosecution at the standard of beyond reasonable doubt. There is nothing on record to convict the appellant-accused for the charge under Section 498-A IPC. The conviction of the appellant-accused cannot be sustained. Accordingly, the judgment and order dated 11.02.2010, passed by the High Court is hereby set aside and the appellant-accused is acquitted of the charges levelled against him. By order dated 17.09.2010, this Court had enlarged the appellant-accused on bail. His bail bonds stand discharged. [Paras 13-17][569-G-H; 570-A-E]
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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