Case Note & Summary
The appellant, Vilas Ananda Vandre, was convicted by the IIIrd Additional Sessions Judge, Kolhapur, for offences under Sections 498-A, 304-B, and 302 of the Indian Penal Code for the dowry death and murder of his wife, Sangita. The marriage took place on 25/11/1999, and Sangita died on 26/12/1999 within a year of marriage. The prosecution alleged that the appellant demanded a golden beads chain and other articles from the bride's family, and when the demand was not met, he subjected Sangita to cruelty and ultimately killed her by pouring kerosene and setting her on fire. The trial court relied on a list (Exhibit 28) prepared at the time of marriage, which mentioned items to be given by both sides, and a dying declaration (Exhibit 31) recorded by a police officer. The High Court, on appeal, examined the evidence and found that the list (Exhibit 28) was merely a customary list of gifts and did not constitute a demand of dowry. The dying declaration was recorded by a police officer without the deceased being in a fit state of mind, and no doctor's certificate was obtained. The court also noted that the prosecution witnesses, including the father of the deceased, gave inconsistent testimony regarding the alleged demand. The court held that the prosecution failed to prove the essential ingredients of dowry death under Section 304-B IPC, as there was no evidence of demand of dowry soon before death. The conviction under Section 302 IPC was also unsustainable as the dying declaration was unreliable and there was no other evidence to prove homicidal death. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113-B Evidence Act - The prosecution must first establish that the deceased died otherwise than under normal circumstances within seven years of marriage and that there was a demand of dowry soon before death. In the absence of proof of demand of dowry, the presumption under Section 113-B cannot be invoked. The court found that the list (Exhibit 28) did not constitute a demand of dowry but was a customary list of gifts. (Paras 1-10) B) Criminal Law - Murder - Section 302 IPC - Dying Declaration - The dying declaration (Exhibit 31) was recorded by a police officer and not by a Magistrate, and the deceased was not in a fit state of mind to make a statement. The doctor's endorsement was not obtained, and the declaration was not corroborated by other evidence. Hence, it was unreliable. (Paras 11-15) C) Criminal Law - Cruelty - Section 498-A IPC - The allegations of cruelty were vague and not supported by any independent witness. The prosecution failed to prove that the deceased was subjected to cruelty for or in connection with demand of dowry. (Paras 16-20)
Issue of Consideration
Whether the conviction of the appellant under Sections 498-A, 304-B, and 302 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113-B Evidence Act
- demand of dowry
- cruelty
- Section 498-A IPC
- murder
- Section 302 IPC
- dying declaration
- circumstantial evidence
