Case Note & Summary
The applicants, Vinod Babaso Bhosale (husband) and Chhaya Babaso Bhosale (mother-in-law), were accused in Sessions Case No. 148 of 2015 pending before the Sessions Judge, Sangli, for offences including under Sections 498-A, 306, 304-B read with Section 34 IPC. The marriage of Vinod with Jyoti @ Pooja (deceased) was solemnized on 24th December 2014. After marriage, the deceased joined her matrimonial home at Ambarnath, Thane. The prosecution alleged that the accused subjected the deceased to cruelty for demand of articles like gold ring and bed and for failure to treat the bridegroom's relatives with honour during the marriage ceremony. The deceased returned to her parental home on 23rd March 2015. On 18th April 2015, she left home on the pretext of bringing ice-cream and did not return; her dead body was found on railway tracks. On 6th May 2015, a chit was found in her bag indicating suicidal intent. Initially, charge was framed under Sections 498-A, 306, 304-B read with 34 IPC. However, the trial court, by order dated 10th April 2017, directed framing of an additional charge under Section 304-B read with 34 IPC. The applicants challenged this order in revision. The High Court examined the material on record, including the FIR and statements of witnesses. It noted that the alleged demands were made during the marriage ceremony and shortly thereafter, but the deceased died on 18th April 2015, about 25 days after she returned to her parental home on 23rd March 2015. There was no evidence of any demand of dowry after she left the matrimonial home. The court held that the requirement of 'soon before death' under Section 304-B IPC was not satisfied as there was no proximate link between the demand and the death. The court also observed that the alleged demands did not constitute 'dowry' under the Dowry Prohibition Act. Consequently, the court quashed the additional charge under Section 304-B IPC but clarified that the trial may proceed on other charges, including under Section 306 IPC, if the evidence warrants.
Headnote
A) Criminal Procedure Code - Charge Framing - Section 228 CrPC - Prima Facie Case - The court must assess whether there is sufficient material to frame a charge, not whether the evidence is sufficient for conviction. The test is whether a prima facie case exists. (Paras 8-10) B) Dowry Death - Section 304-B IPC - Demand of Dowry 'Soon Before Death' - The phrase 'soon before death' requires a proximate and live link between the demand of dowry and the death. A gap of about 25 days between the alleged demand and death, without evidence of continuing demand, does not satisfy the requirement. (Paras 11-14) C) Evidence Act - Presumption under Section 113-B - The presumption of dowry death can be raised only if the prosecution establishes that the deceased was subjected to cruelty or harassment for or in connection with demand of dowry 'soon before death'. If the foundational facts are not made out, the presumption cannot be invoked. (Paras 15-16) D) Dowry Prohibition Act - Demand of Dowry - Section 4 - The alleged demand of gold ring and bed and treatment of relatives with honour do not constitute 'dowry' as defined under Section 2 of the Dowry Prohibition Act, 1961, as they are not demands made in connection with the marriage. (Para 13) E) Indian Penal Code - Abetment of Suicide - Section 306 IPC - The court may consider framing charge under Section 306 IPC if there is evidence of cruelty and instigation, but the charge under Section 304-B IPC requires specific ingredients of dowry death. (Para 17)
Issue of Consideration
Whether the additional charge under Section 304-B read with Section 34 IPC could be framed against the applicants-accused in the absence of evidence of demand of dowry 'soon before death' and proximate link between cruelty and suicide.
Final Decision
The High Court allowed the revision application and quashed the order dated 10th April 2017 passed by the learned Sessions Judge, Sangli, insofar as it directed framing of additional charge under Section 304-B read with Section 34 IPC against the applicants. The court clarified that the trial court may proceed with the trial on other charges in accordance with law.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113-B Evidence Act
- demand of dowry soon before death
- cruelty
- abetment of suicide
- Section 306 IPC
- charge framing
- prima facie case
