Case Note & Summary
The appellant, Faizan Ahmed Abdul Wahab Shah, was convicted by the trial court for offences under Sections 304B and 498A of the Indian Penal Code, 1860 (IPC) and Section 4 of the Dowry Prohibition Act, 1961, and sentenced to rigorous imprisonment for life and other terms. The prosecution case was that the appellant married Noor Hasina Begam in 2008. After 2-3 months of cohabitation, he started ill-treating her for monetary demands, including a demand of Rs. 50,000 for purchasing an auto-rickshaw. The victim left the matrimonial home and lived with her mother. During the next two years, the appellant made threat calls. On 11th July 2010, the victim consumed poison and died. Before death, she made an oral dying declaration to her mother and brother stating that the appellant had given her poison. The trial court convicted the appellant. On appeal, the High Court examined the evidence, including the testimony of the victim's mother (PW-1) and brother (PW-2), and the medical evidence. The court held that the prosecution had proved that the death occurred within seven years of marriage, was unnatural, and that there was demand of dowry soon before death. The presumption under Section 113B of the Evidence Act, 1872 therefore applied. The oral dying declaration was found credible and corroborated. The court also found that the appellant had subjected the victim to cruelty under Section 498A IPC. Consequently, the High Court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B Evidence Act - The prosecution must establish that the death occurred within seven years of marriage, that it was otherwise than under normal circumstances, and that there was demand of dowry soon before death. Once these are proved, the presumption under Section 113B of the Evidence Act, 1872 operates against the accused. (Paras 7-9) B) Criminal Law - Cruelty - Section 498A IPC - Demand of Money - Persistent harassment for monetary demands, including threat calls, constitutes cruelty. The evidence of the victim's mother and brother regarding demands and threats, coupled with the dying declaration, is sufficient to prove cruelty. (Paras 10-12) C) Evidence Law - Dying Declaration - Oral Evidence - A dying declaration need not be in writing; oral dying declaration can be relied upon if it is consistent and corroborated by other evidence. In this case, the oral dying declaration made to the mother and brother was corroborated by their testimony and the circumstances. (Paras 13-15) D) Dowry Prohibition Act - Section 4 - Demand of Dowry - The demand of Rs. 50,000 for purchasing an auto-rickshaw constitutes a demand of dowry. The prosecution proved that the appellant made such a demand and subjected the victim to cruelty for non-fulfillment. (Paras 16-18)
Issue of Consideration
Whether the conviction of the appellant for offences under Sections 304B, 498A IPC and Section 4 of the Dowry Prohibition Act, 1961 is sustainable on the basis of the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence imposed by the trial court.
Law Points
- Dowry death
- presumption under Section 113B Evidence Act
- cruelty
- demand of dowry
- soon before death
- circumstantial evidence
- dying declaration
- oral evidence
- corroboration
