Case Note & Summary
The appellants, Raju Appasab Ghend, Appasab Siddappa Ghend, and Smt. Laxmibai W/o Appasab Ghend, were convicted by the learned VI Addl. District & Sessions Judge, Belagavi in S.C. No. 258/2013 dated 12/01/2016 for offences punishable under Section 304-B, 498-A read with Section 34 of the Indian Penal Code (IPC) and Section 3 of the Dowry Prohibition Act, and sentenced to suffer imprisonment for a period of 7 years. The case pertains to the death of the wife of appellant No. 1, which occurred within seven years of marriage. The prosecution alleged that the deceased was subjected to cruelty and demand for dowry, leading to her unnatural death. The appellants challenged the conviction before the High Court of Karnataka. The court analyzed the evidence and found that the prosecution failed to establish the essential ingredients of dowry death under Section 304-B IPC, particularly the demand for dowry soon before death. The witnesses turned hostile and there was no credible evidence of any demand. Consequently, the presumption under Section 113B of the Evidence Act could not be invoked. The court also held that the conviction under Section 498-A IPC and Section 3 of the Dowry Prohibition Act was not sustainable due to lack of evidence. The appeal was allowed, the judgment of conviction and sentence was set aside, and the appellants were acquitted of all charges.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113B Evidence Act - The prosecution must prove that the death was caused by burns or bodily injury or otherwise than under normal circumstances within seven years of marriage and that there was a demand for dowry soon before death. In the absence of evidence of demand for dowry, the presumption under Section 113B cannot be invoked. (Paras 10-15) B) Criminal Law - Cruelty by Husband or Relatives - Section 498-A IPC - Demand for dowry - The prosecution failed to establish any demand for dowry or cruelty meted out to the deceased. The evidence of witnesses was inconsistent and did not prove the ingredients of Section 498-A. (Paras 16-20) C) Criminal Law - Dowry Prohibition Act - Section 3 - Demand of dowry - No evidence of demand or acceptance of dowry was adduced. The conviction under Section 3 of the Dowry Prohibition Act is unsustainable. (Paras 21-22)
Issue of Consideration
Whether the conviction of the appellants under Section 304-B, 498-A read with Section 34 IPC and Section 3 of the Dowry Prohibition Act is sustainable in law.
Final Decision
The appeal is allowed. The judgment of conviction and sentence dated 12/01/2016 passed by the learned VI Addl. District & Sessions Judge, Belagavi in S.C. No. 258/2013 is set aside. The appellants are acquitted of all charges. Their bail bonds stand cancelled.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113B Evidence Act
- demand for dowry
- unnatural death within seven years of marriage
- Section 498-A IPC
- Section 3 Dowry Prohibition Act
- Section 34 IPC
