Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 26-12-2002 passed by the learned II Ad-hoc Additional Sessions Judge, Ahmednagar in Sessions Case No.230 of 1999, whereby all five accused were acquitted for offences punishable under Sections 498-A, 304-B and 306 read with Section 34 of IPC. The respondents were the husband (Vijay Dattatraya Kolhe), his parents (Dattatraya Maruti Kolhe and Jankabai), sister (Sharda) and brother-in-law (Prakash Baburao Pawar) of the deceased Jyoti @ Kavita. The marriage took place on 12-05-1997. The deceased died by consuming poison on 18-05-1998, within one year of marriage. The prosecution alleged that the deceased was subjected to cruelty and harassment for dowry, and that she committed suicide due to the same. The trial court acquitted all accused, holding that the prosecution failed to prove the demand of dowry or cruelty soon before death. The High Court, after re-appreciating the evidence, found that the prosecution witnesses, including the father (PW-1) and brother (PW-2) of the deceased, made general allegations of ill-treatment but did not specify any demand of dowry or cruelty soon before the incident. The panch witnesses turned hostile. The medical evidence indicated death due to poisoning, but there was no evidence of abetment. The court held that the presumption under Section 113-B of the Evidence Act could not be invoked as the foundational facts were not established. The appeal was dismissed, confirming the acquittal.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113-B Evidence Act - The prosecution must first establish that the deceased died otherwise than under normal circumstances within seven years of marriage and that there was demand of dowry soon before death. In the absence of evidence of demand of dowry or cruelty soon before death, the presumption under Section 113-B cannot be invoked. (Paras 10-15)
B) Criminal Law - Cruelty by Husband or Relatives - Section 498-A IPC - The prosecution must prove that the woman was subjected to cruelty or harassment for or in connection with demand of dowry. Mere general allegations of ill-treatment without specific instances of dowry demand are insufficient to sustain conviction. (Paras 16-20)
C) Criminal Law - Abetment of Suicide - Section 306 IPC - To prove abetment, there must be evidence of instigation, conspiracy, or intentional aid leading to suicide. In the absence of any positive act of abetment, conviction under Section 306 IPC cannot be sustained. (Paras 21-25)
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 498-A, 304-B and 306 read with Section 34 of IPC is sustainable in law.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 26-12-2002 passed by the learned II Ad-hoc Additional Sessions Judge, Ahmednagar in Sessions Case No.230 of 1999 is confirmed.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113-B Evidence Act
- cruelty under Section 498-A IPC
- abetment of suicide under Section 306 IPC
- acquittal appeal
- standard of proof
Case Details
2021 LawText (BOM) (03) 27
Criminal Appeal No. 293 of 2003
Ravindra V. Ghuge, B. U. Debadwar
Shri R. V. Dasalkar (APP for State), Shri Amol Joshi (Appointed Advocate for Respondents No. 1, 2, 4 & 5)
Vijay Dattatraya Kolhe, Dattatraya Maruti Kolhe, Jankabai w/o Dattatraya Kolhe (abated), Prakash Baburao Pawar, Sharda w/o Prakash Pawar
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Nature of Litigation
Criminal appeal against acquittal in a dowry death case
Remedy Sought
The State of Maharashtra sought reversal of the acquittal of the respondents for offences under Sections 498-A, 304-B and 306 read with Section 34 of IPC.
Filing Reason
The trial court acquitted all accused, and the State challenged the acquittal.
Previous Decisions
The trial court (II Ad-hoc Additional Sessions Judge, Ahmednagar) acquitted all five accused in Sessions Case No.230 of 1999 on 26-12-2002.
Issues
Whether the prosecution proved that the deceased died otherwise than under normal circumstances within seven years of marriage and that there was demand of dowry soon before death?
Whether the presumption under Section 113-B of the Evidence Act could be invoked?
Whether the respondents subjected the deceased to cruelty or harassment for dowry under Section 498-A IPC?
Whether the respondents abetted the suicide of the deceased under Section 306 IPC?
Submissions/Arguments
The appellant/State argued that the trial court erred in acquitting the accused despite evidence of cruelty and dowry demand.
The respondents argued that the prosecution failed to prove any demand of dowry or cruelty soon before death, and the acquittal was justified.
Ratio Decidendi
For conviction under Section 304-B IPC, the prosecution must establish that the deceased died otherwise than under normal circumstances within seven years of marriage and that there was demand of dowry soon before death. In the absence of such evidence, the presumption under Section 113-B of the Evidence Act cannot be invoked. Similarly, for Section 498-A IPC, specific instances of cruelty or harassment for dowry must be proved. For Section 306 IPC, there must be evidence of instigation or intentional aid to commit suicide.
Judgment Excerpts
This appeal has been directed under Section 378(1) of Code of Criminal Procedure, 1973 against the judgment and order dated 26-12-2002 passed by the learned II Ad-hoc Additional Sessions Judge, Ahmednagar in Sessions Case No.230 of 1999, whereby acquitted all the five accused for the offences punishable under Sections 498-A, 304-B and 306 read with Section 34 of Indian Penal Code.
The prosecution must first establish that the deceased died otherwise than under normal circumstances within seven years of marriage and that there was demand of dowry soon before death. In the absence of evidence of demand of dowry or cruelty soon before death, the presumption under Section 113-B cannot be invoked.
Procedural History
The trial court acquitted all accused on 26-12-2002. The State filed Criminal Appeal No. 293 of 2003 under Section 378(1) Cr.P.C. before the Bombay High Court. The appeal was reserved on 15-02-2021 and pronounced on 11-03-2021.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 378(1)
- Indian Penal Code, 1860 (IPC): 498-A, 304-B, 306, 34
- Indian Evidence Act, 1872: 113-B
