State of Haryana vs Angoori Devi & Anr.

Court

Supreme Court of India

Date

13 June 2019

Case No.

Criminal Appeal No.1801 of 2013

Result

Dismissed

Bench

Indira Banerjee, Ajay Rastogi

Citation

[2019] 10 S.C.R. 1041 : 2019 INSC 693

Headnote

Penal Code, 1860: s. 498-A r/w 304B – Dowry death – Death of victim due to burn injuries within 7 years of marriage, otherwise than under normal circumstances – Conviction u/s. 498A r/w 304B – However, set aside by the High Court – Interference with – Held: Not called for – High Court rightly found that the evidence of the complainant-father of the victim did not show any proximate connection between the demand of dowry and the act of cruelty of harassment and or the death – Prosecution was unable to prove that the victim was subjected to cruelty or harassment soon before her death in connection with any demand for dowry – Thus, the evidence being weak, was not sufficient to convict the respondents.

Dismissing the appeal, the Court

HELD: Considering the evidence, the High Court did not find the evidence strong enough to hold the respondents guilty. To attract Section 304B of the Penal Code, the prosecution has to establish that soon before the death the deceased was subjected to cruelty and harassment in connection with demand for dowry. The High Court rightly found that the evidence did not show any proximate connection between the demand of dowry and the act of cruelty of harassment and or the death. The prosecution has not been able to prove that the victim was subjected to cruelty or harassment soon before her death in connection with any demand for dowry. Under Section 304B, the prosecution cannot escape from discharging its burden of proving that the harassment or cruelty was related to demand for dowry soon before death. The High Court has been swayed by the fact that the evidence of the complainant-father of the victim, did not evince direct knowledge of demand of dowry. The judgment and order under appeal is not liable to be interfered with. [Para 1517] [1044-F-H; 1045-A-B]

The Judgment of the Court was delivered by INDIRA BANERJEE, J. 1. This appeal filed by the State of Haryana is against a judgment and order dated 3.5.2012 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh allowing the appeal filed by the respondents, reversing the judgment of conviction passed by the learned Additional Sessions Judge, Jhajhar convicting the respondents under Sections 498A read with Section 304B of the Indian Penal code and acquitting the respondents. 2. The victim (Babli) and her sister (Neeru) were married to two brothers, Kartar (Respondent

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