Case Note & Summary
The appellants, Tanaji Dattu Bajbalkar and Sarubai Dattu Bajbalkar (in Criminal Appeal No.919 of 2009) and Uttam Krushna Bajbalkar and Mandabai Uttam Bajbalkar (in Criminal Appeal No.898 of 2009), were convicted by the Sessions Judge, Pandharpur, for offences under Sections 498A and 302 read with 34 IPC for the alleged dowry death of the deceased, who was the wife of Tanaji and daughter-in-law of the other appellants. The prosecution case was that the deceased was subjected to cruelty and harassment for dowry and was ultimately murdered by the appellants. The trial court convicted them based on the dying declaration of the deceased and circumstantial evidence. The appellants appealed against the conviction. The High Court examined the evidence and found that the prosecution failed to prove the demand of dowry or cruelty soon before the death. The dying declaration was recorded by a police officer without medical certification of fitness, and there were contradictions. The medical evidence did not conclusively prove homicidal death. The circumstantial evidence did not form a complete chain pointing to the guilt of the appellants. Consequently, the High Court allowed the appeals, set aside the conviction and sentence, and acquitted the appellants.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B of Evidence Act - The presumption of dowry death under Section 113B of the Indian Evidence Act, 1872 can be invoked only if it is shown that soon before her death the woman was subjected to cruelty or harassment for or in connection with demand of dowry. In the instant case, the prosecution failed to establish any demand of dowry or cruelty soon before the death, hence the presumption was not attracted. (Paras 20-25) B) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - In a case based on circumstantial evidence, the circumstances must be fully established and must form a complete chain pointing unerringly to the guilt of the accused. The court found that the prosecution failed to prove the homicidal nature of the death and the circumstances were not consistent with the hypothesis of guilt. (Paras 26-30) C) Criminal Law - Dying Declaration - Reliability - A dying declaration must be voluntary, truthful, and free from tutoring. In this case, the dying declaration was recorded by a police officer without certification by a doctor that the deceased was in a fit state of mind, and there were contradictions with other evidence, rendering it unreliable. (Paras 31-35) D) Criminal Law - Section 498A IPC - Cruelty - The prosecution must prove that the woman was subjected to cruelty or harassment for dowry. The evidence of the prosecution witnesses was vague and inconsistent, and the alleged incidents of cruelty were not proved beyond reasonable doubt. Hence, the conviction under Section 498A IPC was set aside. (Paras 36-40)
Issue of Consideration
Whether the conviction of the appellants under Sections 498A and 302 read with 34 IPC is sustainable based on the evidence on record.
Final Decision
The appeals are allowed. The conviction and sentence imposed by the learned Sessions Judge, Pandharpur, in Sessions Case No.74 of 2008 are set aside. The appellants are acquitted of all charges. They are directed to be set at liberty forthwith unless required in any other case.
Law Points
- Presumption under Section 113B of Evidence Act not automatic
- requires proof of cruelty soon before death
- Circumstantial evidence must form complete chain
- Dying declaration must be voluntary and reliable
- Section 304B IPC requires demand of dowry soon before death
