Case Note & Summary
The appellants, Lalasaheb Bansode, Sagarbai Bansode, and Pradip Bansode, were convicted by the Additional Sessions Judge, Ambajogai, for the murder of Kalpana, the wife of Pradip, under Section 302 r/w 34 IPC and sentenced to life imprisonment. They appealed to the Bombay High Court. The prosecution case was that Kalpana was married to Pradip on 10.05.2010 and after six months, the accused demanded Rs.5,00,000 for a tractor and subjected her to cruelty. She filed a complaint before the Women's Forum, but the matter was compromised. She returned to her matrimonial home but was allegedly strangulated on 13.08.2013. The trial court convicted all three accused. On appeal, the High Court examined the evidence. The court noted that the prosecution failed to prove any demand of dowry after the compromise, and the dying declaration was not reliable as it was not recorded by a Magistrate and contained inconsistencies. The medical evidence did not conclusively prove strangulation. The court held that the presumption under Section 113B of the Evidence Act could not be invoked without proof of demand. The chain of circumstantial evidence was incomplete. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellants.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113B Evidence Act - The prosecution must first establish the foundational facts of demand of dowry and death within seven years of marriage. In the absence of credible evidence of demand, the presumption cannot be invoked. Held that the trial court erred in convicting under Section 304-B without proof of demand (Paras 10-15). B) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - Dying Declaration - For conviction based on circumstantial evidence, the chain must be complete and consistent with guilt. The dying declaration of the deceased was not reliable as it was not recorded by a Magistrate and there were inconsistencies. Held that the conviction under Section 302 IPC is unsustainable (Paras 16-20). C) Criminal Law - Dowry Death - Proximate Cause - Section 304-B IPC - The death must occur within seven years of marriage and be caused by burns or bodily injury or otherwise than under normal circumstances. The medical evidence did not conclusively prove strangulation. Held that the prosecution failed to establish the cause of death as homicidal (Paras 21-25).
Issue of Consideration
Whether the conviction of the appellants under Section 302 r/w 34 IPC and Section 304-B IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113B Evidence Act
- Section 302 IPC
- circumstantial evidence
- dying declaration
- proximate cause
