Case Note & Summary
The State of Maharashtra appealed against the acquittal of Chandrakant Dagdu Sherkhane (respondent) by the Additional Sessions Judge, Solapur, for offences under Sections 498A, 304B and 306 read with Section 34 IPC. The respondent was married to Swati on 10.2.1992, and a daughter was born in July 1993. Swati committed suicide on 10.6.1994 by burning herself in the bathroom of her house. Prior to her death, on 7.6.1994, she complained to her father about ill-treatment due to non-fulfillment of a demand of Rs.25,000/-. The post-mortem revealed 100% burns. The police registered an FIR on 11.6.1994 based on the complaint of Swati's father, Bhima. After investigation, chargesheet was filed and the case was committed to Sessions Court. The trial court acquitted all accused, including the respondent. The State's appeal against accused Nos.1 to 5 was dismissed at the admission stage, and only the appeal against the respondent was heard. The High Court examined the evidence and found that there was no evidence to show that the respondent made any demand of dowry or subjected Swati to cruelty or harassment in connection with such demand. The alleged demand of Rs.25,000/- was not proved to have been made by the respondent, nor was it shown to be 'soon before death' as required under Section 304B IPC. The court held that the presumption under Section 113B of the Evidence Act could not be invoked. Consequently, the acquittal was upheld and the appeal was dismissed.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B of Indian Evidence Act, 1872 - The presumption of dowry death arises only if the prosecution proves that the deceased was subjected to cruelty or harassment in connection with demand of dowry 'soon before her death'. In the absence of such evidence, the presumption cannot be invoked. (Paras 1-5) B) Criminal Law - Cruelty by Husband - Section 498A IPC - Demand of Rs.25,000/- alleged by deceased to her father three days before suicide - No evidence that respondent made such demand or that it was in connection with dowry - Held that mere allegation without corroboration is insufficient to sustain conviction. (Paras 4-5) C) Criminal Law - Abetment of Suicide - Section 306 IPC - To prove abetment, prosecution must establish that accused instigated or aided the suicide - In this case, no evidence of any act of instigation or aid by respondent - Held that acquittal was proper. (Paras 4-5)
Issue of Consideration
Whether the acquittal of the respondent-accused for offences under Sections 498A, 304B and 306 IPC was justified in the absence of evidence of cruelty or demand of dowry 'soon before death'.
Final Decision
Appeal dismissed. Acquittal of respondent Chandrakant Dagdu Sherkhane upheld.
Law Points
- Presumption under Section 113B of Evidence Act arises only if prosecution proves demand of dowry 'soon before death'
- Absence of evidence of cruelty or harassment in connection with dowry demand
- Acquittal cannot be reversed unless perverse or unreasonable
