Case Note & Summary
The appellant, Dinesh Devidasrao Tatte, was convicted by the Additional Sessions Judge, Amravati in Sessions Trial No.226/2012 for the dowry death of his wife Surekha under Section 304B of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that the appellant and his parents demanded Rs.50,000 and ornaments from the deceased, and subjected her to cruelty and harassment. On 13/07/2012, the deceased made a phone call to her brother Sudhir Bele complaining of assault and harassment. She later succumbed to burn injuries. The dying declaration recorded by a Special Executive Magistrate implicated the appellant. The trial court convicted the appellant based on the dying declaration and circumstantial evidence. The High Court, in appeal, re-appreciated the evidence and held that the dying declaration was credible and corroborated by medical evidence and the testimony of the brother. The presumption under Section 113B of the Evidence Act was rightly applied. The court found no reason to interfere with the conviction and sentence, and dismissed the appeal.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B Evidence Act - The appellant was convicted for dowry death of his wife based on a dying declaration and evidence of demand of ornaments and harassment. The court held that the presumption under Section 113B of the Evidence Act applies once the prosecution establishes that the death occurred within seven years of marriage and there was cruelty or harassment for dowry soon before death. The dying declaration was found credible and corroborated by medical evidence. (Paras 2-38) B) Evidence Law - Dying Declaration - Admissibility - The dying declaration of the deceased was recorded by a Special Executive Magistrate and was consistent with the FIR. The court held that a dying declaration can be the sole basis for conviction if it is reliable and free from tutoring. The declaration was corroborated by the testimony of the brother and the medical evidence. (Paras 15-25) C) Criminal Procedure - Appeal against Conviction - Life Sentence - The High Court, in appeal, re-appreciated the evidence and found no infirmity in the trial court's judgment. The life sentence was upheld as the offence of dowry death is heinous and the evidence clearly established the guilt. (Paras 30-38)
Issue of Consideration
Whether the conviction of the appellant under Section 304B IPC for dowry death is sustainable based on the dying declaration and circumstantial evidence.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment imposed by the Additional Sessions Judge, Amravati in Sessions Trial No.226/2012 dated 25/09/2019 is upheld.
Law Points
- Dowry death
- Section 304B IPC
- presumption of dowry death
- dying declaration
- circumstantial evidence
- Section 113B Evidence Act
