Case Note & Summary
The case pertains to an appeal filed by four accused persons against their conviction under Sections 498-A and 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) by the IVth Additional Sessions Judge, Nanded, in Sessions Case No. 131/2011. The appellants are Vilas @ Pankaj Sable (husband of the deceased Ashwini), Yadav Sable (father-in-law), Masnaji Sable (brother-in-law), and Shantabai Sable (mother-in-law). The marriage of Ashwini with appellant no.1 was solemnized on 20-6-2010. According to the prosecution, after one month of marriage, the accused started demanding Rs. 30,000/- from Ashwini and harassed her physically and mentally to bring the amount from her parents. On 19-9-2010, Ashwini telephonically asked her father Baburao (PW-2) to take her to her parental house, warning that otherwise she would not be seen alive. On 20-9-2010, Baburao and his wife went to the matrimonial home of Ashwini and found her dead with burn injuries. The post-mortem report indicated cause of death as shock due to burns, but the doctor could not opine whether the burns were accidental or homicidal. The trial court convicted all accused under Sections 498-A and 302 read with Section 34 IPC. The High Court examined the evidence and found that the prosecution failed to prove any demand of dowry or cruelty soon before the death. The only witness to the alleged harassment was the father (PW-2), whose testimony was vague and did not specify any demand of dowry. The court noted that the presumption under Section 113-B of the Evidence Act could not be invoked as the essential ingredient of demand of dowry was not established. Regarding the murder charge, the medical evidence was inconclusive, and the circumstances did not exclude the possibility of suicide or accident. The court held that the prosecution failed to prove the case beyond reasonable doubt and accordingly set aside the conviction and acquitted all appellants.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113-B of Evidence Act - The presumption of dowry death under Section 113-B of the Evidence Act can be raised only if it is shown that soon before her death the deceased was subjected to cruelty or harassment in connection with demand of dowry. In the absence of proof of demand of dowry, the presumption cannot be invoked. (Paras 14-16) B) Criminal Law - Cruelty by Husband or Relatives - Section 498-A IPC - To constitute an offence under Section 498-A IPC, there must be proof of willful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life. Mere allegations of harassment without evidence of demand of dowry or specific acts of cruelty are insufficient. (Paras 17-18) C) Criminal Law - Murder - Section 302 IPC - For conviction under Section 302 IPC, the prosecution must prove beyond reasonable doubt that the death was homicidal and caused by the accused. Where the medical evidence is inconclusive and the circumstances do not unerringly point to the guilt of the accused, the benefit of doubt must be given. (Paras 19-22) D) Evidence Act - Presumption as to Dowry Death - Section 113-B - The presumption under Section 113-B is not automatic and can be rebutted by the accused. The burden on the accused is not as heavy as that on the prosecution, and if the accused offers a plausible explanation, the presumption stands rebutted. (Para 16)
Issue of Consideration
Whether the conviction of the appellants under Sections 498-A and 302 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order dated 23-2-2012 passed by the IVth Additional Sessions Judge, Nanded, in Sessions Case No. 131/2011 is set aside. The appellants are acquitted of all charges. Their bail bonds stand cancelled.
Law Points
- Presumption under Section 113-B of Evidence Act not automatic
- requires proof of demand of dowry soon before death
- Section 304-B IPC requires death within seven years of marriage and cruelty in connection with dowry demand
- Section 498-A IPC requires proof of cruelty
- Section 302 IPC requires proof of homicide
- benefit of doubt when prosecution fails to prove essential ingredients
