Case Note & Summary
The State of Maharashtra appealed against the acquittal of Laxman Narsinhrao Ganti (accused No.1), his father Narsinhrao Narayan Ganti (accused No.2), and mother Rajlaxmi Narsinhrao Ganti (accused No.3) by the VIII Additional Sessions Judge, Thane, in Sessions Case No.271 of 1991. The accused were charged under Sections 498A, 304B, and 302 read with Section 34 of the Indian Penal Code for the death of Lalita, who married accused No.1 on 10.12.1990. The prosecution alleged that after marriage, the accused demanded money and a VCR from Lalita's parents, harassed her for non-fulfillment, and ultimately caused her death on 10.12.1990. The trial court acquitted all accused, leading to this appeal. The High Court examined the evidence, including the complaint (Ex.12) lodged by the victim's brother Vijayshastri (PW-1), the inquest panchnama, and medical evidence. The court noted that the accused No.2 himself reported the death to the police on the same day, and the police officer (PW-8) found the neck swollen but the doctor (PW-2) opined possible poisoning. The prosecution's case relied on allegations of harassment for dowry, but the court found that the demands were vague and not proved. The deceased's friend, Smt. Shetty, was not examined, and the phone calls were not corroborated. The medical evidence did not conclusively prove strangulation, and the possibility of suicide by poisoning was not ruled out. The court held that the prosecution failed to prove cruelty or demand of dowry soon before death, and the presumption under Section 113B of the Evidence Act could not be invoked. The appeal was dismissed, and the acquittal was upheld.
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 for dowry soon before her death. In the absence of such evidence, the presumption cannot be invoked. The court found that the prosecution failed to establish any demand of dowry or cruelty soon before the death, and the deceased's death was not proved to be unnatural. (Paras 10-15) B) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - The prosecution failed to prove the chain of circumstances leading to the guilt of the accused. The medical evidence did not support the case of strangulation, and the possibility of suicide by poisoning could not be ruled out. (Paras 16-20) C) Criminal Law - Cruelty - Section 498A IPC - The allegations of harassment for VCR and money were vague and not supported by independent witnesses. The deceased's phone calls to a friend were not corroborated, and the friend was not examined. (Paras 8-12)
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the deceased was subjected to cruelty or harassment for dowry soon before her death, and whether the presumption under Section 113B of the Evidence Act could be invoked.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 30th June 1992 passed by the learned VIII Additional Sessions Judge, Thane, in Sessions Case No.271 of 1991 is confirmed.
Law Points
- Dowry death
- Section 304B IPC
- presumption under Section 113B Evidence Act
- cruelty
- demand of dowry
- soon before death
- unnatural death
- acquittal upheld
