Case Note & Summary
The case arises from the death of Jayshree, who was married to respondent No.1 Navnath Bhagwan Shelke. The complainant, Shankar Tukaram Mane, father of the deceased, alleged that his daughter was harassed for dowry by her husband, brother-in-law, mother-in-law, and sister-in-law (respondents 1 to 4) since 2-3 years of marriage. On 19th November 1989, the complainant received information about Jayshree's death and went to the village. He filed a complaint on 21st November 1989 at Karmala Police Station. The police investigated and chargesheeted the accused under Sections 302, 498A, and 304B read with 34 IPC. The trial court acquitted all accused on 18th August 1992. The State appealed against the acquittal, and the complainant also filed a criminal revision application. The High Court examined the evidence, noting that the prosecution witnesses, including the complainant and other relatives, turned hostile or gave inconsistent statements. The medical evidence did not conclusively prove homicidal death; the cause of death was stated as 'asphyxia due to drowning' but the possibility of accidental drowning was not ruled out. The alleged dying declaration was not recorded properly and was not corroborated. The court held that the prosecution failed to prove the essential ingredients of dowry death under Section 304B IPC, as there was no evidence of demand of dowry soon before death. The presumption under Section 113B of the Evidence Act could not be applied. The court also found no evidence of cruelty under Section 498A IPC or murder under Section 302 IPC. The High Court dismissed the State's appeal and the revision application, upholding the acquittal.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B Evidence Act - The prosecution failed to establish that the deceased died otherwise than under normal circumstances within seven years of marriage. The evidence of harassment for dowry was inconsistent and witnesses turned hostile. The presumption under Section 113B of the Evidence Act could not be invoked as the basic ingredients of Section 304B IPC were not proved. (Paras 1-10) B) Criminal Law - Murder - Section 302 IPC - Dying Declaration - The alleged dying declaration was not recorded by a Magistrate or medical officer and was not proved beyond reasonable doubt. The oral dying declaration was inconsistent and not corroborated by medical evidence. The acquittal for murder was upheld. (Paras 5-8) C) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - The allegations of cruelty for dowry were not supported by reliable evidence. The complainant and other witnesses turned hostile or gave contradictory statements. The acquittal under Section 498A IPC was confirmed. (Paras 3-6)
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 302, 498A, 304B read with 34 IPC was justified given the evidence on record.
Final Decision
The High Court dismissed the State's appeal and the criminal revision application, upholding the acquittal of all respondents-accused.
Law Points
- Dowry death
- Section 304B IPC
- Section 498A IPC
- Section 302 IPC
- Section 34 IPC
- presumption under Section 113B Evidence Act
- acquittal appeal
- standard of proof
- hostile witness
- dying declaration
