Case Note & Summary
The appellant, Mangesh Deorao Kannake, was convicted under Section 304B of the Indian Penal Code for the dowry death of his wife, Shefali. The marriage was a love marriage performed secretly on 05.06.2016. The informant, Suresh Khobragade, father of the deceased, lodged a report on 19.06.2016 alleging that after 4-5 months of marriage, the appellant and his family members started ill-treating the deceased and demanded five to six lakh rupees as dowry, claiming that the love marriage had saved the father's expenses. The deceased died on 18.06.2016. The trial court convicted the appellant but acquitted accused nos.2, 3, and 5 (brother, brother-in-law, and sister of the appellant). Accused no.4 (mother) died during trial. The appellant appealed against his conviction. The High Court examined the evidence and found that the prosecution failed to prove that the deceased was subjected to cruelty or harassment in connection with demand of dowry 'soon before her death'. The informant's testimony was inconsistent and lacked credibility. The alleged demand was made 4-5 months after marriage, and there was no evidence of any demand or harassment in the period immediately preceding the death. The court held that the presumption under Section 113B of the Evidence Act could not be invoked as the foundational facts were not established. The acquittal of the co-accused also weakened the prosecution's case. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B Evidence Act - The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with demand of dowry 'soon before her death'. In this case, the evidence of the informant (father) and other witnesses did not establish any demand of dowry or harassment soon before the death. The alleged demand of five to six lakh rupees was made 4-5 months after marriage, and there was no evidence of any such demand or cruelty in the period immediately preceding the death. The presumption under Section 113B of the Evidence Act cannot be invoked unless the foundational facts are proved. (Paras 1-15) B) Criminal Law - Dowry Death - Love Marriage - Absence of Demand of Dowry - The marriage was a love marriage performed secretly. The father of the deceased had severed ties with her. The prosecution's case that the appellant and his family demanded dowry because the love marriage saved the father's expenses was not supported by credible evidence. The informant's testimony was inconsistent and did not inspire confidence. The acquittal of co-accused (brother, brother-in-law, sister) further weakened the prosecution's case against the appellant. (Paras 2-12) C) Criminal Law - Dowry Death - 'Soon Before Death' - Interpretation - The phrase 'soon before her death' is a relative term and depends on the facts of each case. However, there must be a proximate and live link between the cruelty/harassment and the death. In this case, the alleged demand was made 4-5 months after marriage, and the death occurred about 10 months after marriage. There was no evidence of any cruelty or harassment in the intervening period. Therefore, the requirement of 'soon before death' was not satisfied. (Paras 13-15)
Issue of Consideration
Whether the conviction of the appellant under Section 304B of the Indian Penal Code for dowry death is sustainable in law, particularly when the prosecution failed to prove that the deceased was subjected to cruelty or harassment in connection with demand of dowry 'soon before her death'.
Final Decision
The High Court allowed the appeal, set aside the judgment and order of conviction and sentence dated 01.04.2021 passed by the learned Sessions Judge, Gadchiroli, in Sessions Case No.87 of 2016, and acquitted the appellant of the offence punishable under Section 304B IPC. The appellant was directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Dowry death
- Section 304B IPC
- presumption under Section 113B Evidence Act
- 'soon before death'
- demand of dowry
- cruelty
- harassment
- love marriage
- acquittal of co-accused
- benefit of doubt
