Case Note & Summary
The appellants, Motiram Marotrao Bhongade, Sanjay Motiram Bhongade, Laxmibai Motiram Bhongade, and Leelabai Falke, were convicted by the 3rd Adhoc Additional Sessions Judge, Nagpur in Sessions Trial No.504 of 2001 for offences punishable under Sections 302, 304B, 498A and 201 read with Section 34 of the Indian Penal Code. They were sentenced to life imprisonment and other terms. The prosecution case was that deceased Savita married accused No.2 Sanjay on 10.05.1999 and was subjected to harassment and ill-treatment for dowry. The accused allegedly demanded Rs.60,000 as dowry, of which Rs.32,000 was paid before marriage. After marriage, the accused continued to harass Savita for the remaining amount. On the intervening night of 04.05.2001 and 05.07.2001, the accused allegedly strangled Savita with a nylon rope. The mother of the deceased lodged a report, and after investigation, charges were framed. The trial court convicted all accused. On appeal, the High Court examined the evidence. The court noted that the prosecution witnesses, including the father and mother of the deceased, gave inconsistent statements regarding the demand of dowry and harassment. The father stated that Rs.32,000 was paid, but the mother claimed Rs.60,000 was demanded. There was no independent witness to corroborate the demand. The medical evidence showed that the cause of death was asphyxia due to strangulation, but the doctor could not opine whether it was homicidal or suicidal. The ligature mark was consistent with both. The court found that the prosecution failed to prove that the deceased died otherwise than under normal circumstances within seven years of marriage and that there was a demand of dowry and cruelty soon before death. The presumption under Section 113B of the Evidence Act could not be invoked. The court also noted that the prosecution did not examine any independent witness to prove the alleged harassment. The dying declaration was not proved. The court held that the chain of circumstances was incomplete and the accused were entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted. The court directed that the appellants be set at liberty forthwith if not required in any other case.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B Evidence Act - The prosecution must first prove that the deceased died otherwise than under normal circumstances within seven years of marriage and that there was a demand of dowry and cruelty soon before death. In the absence of credible evidence of demand of dowry and harassment, the presumption under Section 113B cannot be invoked. (Paras 10-12) B) Criminal Law - Cruelty - Section 498A IPC - The prosecution must prove that the deceased was subjected to cruelty or harassment by the husband or his relatives. Mere allegations without corroboration by independent witnesses or contemporaneous evidence are insufficient to sustain conviction. (Paras 13-15) C) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - In a case based on circumstantial evidence, the chain of circumstances must be complete and must point only to the guilt of the accused. Where the medical evidence does not conclusively prove homicidal death and the prosecution fails to establish motive or opportunity, the accused are entitled to acquittal. (Paras 16-18) D) Criminal Law - Causing Disappearance of Evidence - Section 201 IPC - When the main offence of murder or dowry death is not proved, the charge under Section 201 IPC also fails. (Para 19)
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 304B, 498A and 201 read with Section 34 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order dated 30th July, 2005 passed by the 3rd Adhoc Additional Sessions Judge, Nagpur in Sessions Trial No.504 of 2001 is quashed and set aside. The appellants are acquitted of all charges. They are 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
- demand of dowry
- cruelty
- Section 498A IPC
- murder
- Section 302 IPC
- circumstantial evidence
- strangulation
- post-mortem report
- dying declaration
- oral evidence
- benefit of doubt
