Case Note & Summary
The State of Maharashtra appealed against the acquittal of respondents Pandurang Malhari Kagale, Krishnabai Malhari Kagale, and Shakuntala Babu Lamdade (respondent No.2 having expired) for offences under Sections 498A, 304B read with Section 34 of the Indian Penal Code. The deceased Rukmini died on 18.12.1998, about four years after her marriage with accused No.1. The prosecution alleged that about six months after marriage, the accused started ill-treating Rukmini on grounds of her inability to cook and her conduct, and demanded money and gold from her parents. The complainant, father of the deceased, and his brother tried to persuade the accused but the ill-treatment continued. Eventually, Rukmini was taken to her parents' house and later sent back after assurances. On 18.12.1998, the complainant received information of her death. A complaint was lodged, and after investigation, chargesheet was filed. The trial court acquitted the accused, holding that the prosecution failed to prove that the death was within seven years of marriage (it was four years) and that there was any demand of dowry soon before death. The High Court, in appeal, examined the evidence and found that the prosecution witnesses did not speak of any demand of dowry or cruelty soon before death. The court noted that the allegations of ill-treatment for inability to cook and conduct did not amount to cruelty for dowry. The court also observed that the trial court's findings were plausible and not perverse, and therefore, no interference was warranted. The appeal was dismissed.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B Evidence Act - The prosecution must prove that death occurred 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 113B cannot be invoked. (Paras 7-10)
B) Criminal Law - Cruelty - Section 498A IPC - Allegations of ill-treatment for inability to cook and conduct not amounting to cruelty for dowry. The evidence of general ill-treatment without specific demand of dowry does not attract Section 498A. (Paras 11-12)
C) Criminal Law - Acquittal Appeal - Interference by High Court - The High Court will not interfere with an acquittal unless the findings are perverse or unreasonable. The trial court's appreciation of evidence was plausible and not perverse. (Paras 13-14)
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 498A, 304B read with Section 34 of the Indian Penal Code was justified in the absence of evidence of demand of dowry and proximate cause.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned II Adhoc Additional Sessions Judge, Sangli in Sessions Case No.49 of 1999 is confirmed.
Law Points
- Dowry death
- Section 304B IPC
- presumption under Section 113B Evidence Act
- cruelty under Section 498A IPC
- proximate cause
- demand of dowry
- unnatural death within seven years of marriage
Case Details
2021 LawText (BOM) (12) 66
Criminal Appeal No.173 of 2003
S.S. Shinde, Sandipkumar C. More
Mr. V.B. Konde-Deshmukh, APP, for the Appellant – State; None for Respondent Nos.1, 3 & 4
Pandurang Malhari Kagale, Malhari Sakharam Kagale (abated), Krishnabai Malhari Kagale, Sau. Shakuntala Babu Lamdade
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Nature of Litigation
Criminal appeal against acquittal in a dowry death case
Remedy Sought
State sought conviction of respondents for offences under Sections 498A, 304B read with Section 34 IPC
Filing Reason
The State challenged the acquittal of the respondents by the trial court
Previous Decisions
Trial court acquitted the respondents of charges under Sections 498A, 304B read with Section 34 IPC
Issues
Whether the prosecution proved that the death of Rukmini occurred within seven years of her marriage?
Whether there was evidence of demand of dowry soon before the death?
Whether the presumption under Section 113B of the Evidence Act could be invoked?
Whether the trial court's findings were perverse warranting interference by the High Court?
Submissions/Arguments
The appellant-State argued that the trial court erred in acquitting the respondents despite evidence of ill-treatment and demand of dowry.
The respondents (none appeared) had argued before the trial court that the allegations were false and there was no demand of dowry.
Ratio Decidendi
For an offence under Section 304B IPC, the prosecution must prove that the death occurred 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 113B of the Evidence Act cannot be invoked. The High Court will not interfere with an acquittal unless the findings are perverse or unreasonable.
Judgment Excerpts
The prosecution case in brief is as under: The complainant, namely, Kasappa Mali, is the father of the deceased–Rukmini. Accused No.1 – Pandurang was the husband of Rukmini.
Rukmini died on 18.12.1998, after four years of her marriage with accused No.1.
It is the case of the prosecution that, about six months after the marriage, the accused started ill treating the deceased on the grounds that she was unable to cook properly and also that her conduct was not good.
They used to torture the deceased by asking her to bring money and gold from her parents.
The trial court acquitted the accused, holding that the prosecution failed to prove that the death was within seven years of marriage and that there was any demand of dowry soon before death.
Procedural History
The case was registered as C.R. No.241 of 1998 at Miraj City Police Station. After investigation, chargesheet was filed before JMFC, Miraj. The case was committed to Sessions Court, Miraj, which framed charges under Sections 498A, 304B read with Section 34 IPC. The trial court acquitted the accused on 7th September 2002. The State appealed to the High Court of Bombay on 17th December 2021.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 498A, 304B, 34
- Indian Evidence Act, 1872: 113B
