Case Note & Summary
The State of Maharashtra appealed against the acquittal of three accused (husband, mother-in-law, and brother-in-law) for offences under Sections 304-B, 498-A IPC and Sections 3, 4 of the Dowry Prohibition Act, 1961. The deceased, Alka, married accused No.1 Laxman on 08/05/1997. At the time of marriage, her father agreed to pay dowry of Rs.41,000 and a gold ring. Rs.30,000 was paid at the time of marriage, and Rs.11,000 was to be paid later. After 2-3 months, the accused started harassing Alka for the balance dowry. She was sent to her parental home several times. On 29/11/1998, she was sent to bring the balance amount by Tuesday (01/12/1998). Her father could not arrange the money. On 02/12/1998, she was sent back to her matrimonial home with her cousin Somnath. When she reached, accused Laxman abused her for not bringing the money. Somnath left. Later that evening, Alka died due to burns. The trial court acquitted all accused. The High Court upheld the acquittal, finding that the prosecution failed to prove that the deceased was subjected to cruelty or harassment 'soon before death' as required under Section 304-B IPC. The dying declaration was unreliable as it lacked a doctor's certificate and was not read over to the deceased. The evidence of dowry demand was not corroborated by independent witnesses. The appeal was dismissed.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113-B Evidence Act - The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with dowry demand 'soon before her death'. In the present case, the deceased died on 02/12/1998, but the last demand for dowry was on 29/11/1998, and there was no evidence of any harassment on the date of death. The presumption under Section 113-B could not be invoked as the link of 'soon before death' was missing. Held that the acquittal was justified (Paras 10-12). B) Criminal Law - Dying Declaration - Reliability - The dying declaration of the deceased (Exh. 28) was recorded by a Special Executive Magistrate, but the doctor's certificate of fitness was not obtained, and the declaration was not read over to the deceased. The trial court found it unreliable. Held that the dying declaration was rightly discarded (Paras 13-15). C) Criminal Law - Circumstantial Evidence - Dowry Demand - The prosecution relied on evidence of dowry demand at the time of marriage and subsequent harassment, but the witnesses turned hostile or gave inconsistent statements. The father (PW2) admitted that the deceased never complained of harassment after marriage. Held that the chain of circumstances was incomplete (Paras 16-18).
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 304-B, 498-A IPC and Sections 3, 4 of Dowry Prohibition Act, 1961 was proper in the absence of evidence of harassment 'soon before death'.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of all three accused.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113-B Evidence Act
- cruelty soon before death
- dying declaration
- circumstantial evidence
