Shoor Singh & Anr. vs State of Uttarakhand

10 years to 7 years R.I. u/s.304-B IPC while maintained the sentence of 1 year R.I. u/s.498-A – Justification: Held: Distinction must be drawn between admissibility and acceptability/reliability of a piece of evidence – Merely because a piece of evidence is admissible does not mean that it must be accepted – Before accepting the evidence to hold that the fact in issue stands proved beyond reasonable doubt, the Court must evaluate the same against the weight of surrounding circumstances and other facts proven on record – On facts, one of the essential ingredients of dowry death, namely any demand for dowry, not proved beyond reasonable doubt – Accused have not been convicted for murder, and rightly so, because no worthwhile evidence to show that except for the burn injuries, which could be self-inflicted, the victim suffered any other antemortem injury – Moreover, the presence of the accused in the house at the time of occurrence not proved – In such circumstances, the death was most probably suicidal though this would not make a difference for commission of an offence punishable u/s.304-B if all the other ingredients of dowry death stand proved – Harassment/ cruelty at the instance of the appellants in connection with any demand for dowry not been proved beyond reasonable doubt – Reason to commit suicide could be that the deceased used to remain depressed for being unable to join her husband at the place of his posting, and photograph of hers’, showing her alone with a male stranger had shamed her – Once all the necessary ingredients of dowry death not been proved beyond reasonable doubt, the presumption u/s.113-B of the 1872 Act would not be available to the prosecution – Thus, the appellants entitled to be acquitted of the charge of offences punishable u/ss.304-B and 498-A – Conviction and sentence of the appellants u/ss.304-B and 498-A set aside. [Paras 14 to 19] Penal Code, 1860 - s.304 – Dowry death – Ingredients to be satisfied to constitute a ‘dowry death’, punishable u/s.304-B – Stated. [Para 12]

Evidence Act, 1872 – s.113-B – Presumption as to dowry death – When:

Held: When all the ingredients of ‘dowry death’ punishable u/s.304-B IPC, are proved, the presumption u/s.113-B is to be raised against the accused that he has committed the offence of ‘dowry death’ – Presumption u/s.113-B is not in respect of commission of an act of cruelty, or harassment, in connection with any demand for dowry, which is one of the essential ingredients of the offence of ‘dowry death’ – Presumption, however, is in respect of commission of the offence of ‘dowry death’ by the accused when all the essential ingredients of ‘dowry death’ are proved beyond reasonable doubt by ordinary rule of evidence, which means that to prove the essential ingredients of an offence of ‘dowry death’ the burden is on the prosecution. [Paras 12,13]