The State of Maharashtra appealed against the acquittal of five accused persons in a dowry death case involving the death of Savita Nandkumar Chavan, who allegedly consumed poison. The prosecution alleged that the accused harassed the deceased for Rs. 50,000 as dowry to secure a job for her husband, leading to her death. The trial court acquitted the accused due to insufficient evidence. The High Court, after reviewing the evidence, found inconsistencies in witness testimonies, lack of proof of dowry demand or harassment soon before death, and no evidence of poisoning by the accused. The court upheld the acquittal, emphasizing that the prosecution failed to prove the essential ingredients of Sections 498-A and 304-B IPC beyond reasonable doubt.
Criminal Law-- Code of criminal Procedure, 1973- Section 378-- Indian Penal Code, 1860-- Sections 498A, 304B and 34 -- Evidence Act, 1872-- Section 113B-- Appeal against acquittal-- Cruelty and harassment-- Dowry death-- Respondents/accused acquitted from charges u/s 498A, 304B and 34 of IPC-- Aggrieved- Appeal filed by state against acquittal-- Respondent no.1 was a husband of deceased and other respondents were in-laws of deceased--Deceased died due to consumption of poisonous substance soon after one year marriage-- No evidence from proseuction side that the accused persons administered poisonous substance to the deceased-- No charge of committing murder-- Prosecution was required to discharge the burden about subjecting deceased to cruelty for non fulfillment of demand of dowry as alleged-- No independent witnesses to to prove about settlement of dowry-- No instances about harassment of the deceased on account of non fulfillment of the alleged demand of dowry-- Presumption u/s 113B of Evidence Act not arise-- Section 304B of IPC referred-- Nexus required between the demand of dowry,cruelty or harassment based upon such demand and the date of death-- No evidence of demand of dowry-- Inconsistencies in the evidence of witnesses-- No interference-- Acquittal uphold-- Appeal Dismissed
Para-- 20, 21, 22, 23, 24, 25, 26, 28
The High Court dismissed the appeal and upheld the acquittal of the accused persons, holding that the prosecution failed to prove the charges beyond reasonable doubt
Citation: 2026 LawText (BOM) (01) 82
Case Number: Criminal Appeal No. 302 of 2003
Date of Decision: 2026-01-21
Case Title: The Issue of Consideration was whether the prosecution proved beyond reasonable doubt the offences under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code, 1860 (IPC) against the accused persons
Before Judge: SANDIPKUMAR C. MORE J. , Y. G. KHOBRAGADE J.
Equivalent Citations: 2026:BHC-AUG:2430-DB
Advocate(s): Mr. S. P. Sonpawale, Mr. Nilesh S. Ghanekar
Appellant: The State of Maharashtra Through Virgaon Police Station, Tq. Vaijapur, Dist. Aurangabad
Respondent: Nandkumar s/o Maruti Chavan, Vijay s/o Maruti Chavan, Sunanda s/o Vijay Chavan, Parigabai w/o Chandrabhan Mohite, Sunil s/o Parshuram Avhale
Nature of Litigation: Criminal appeal by the State against acquittal in a dowry death case
Remedy Sought: The State sought reversal of the acquittal and conviction of the accused under Sections 498-A and 304-B IPC
Filing Reason: The State believed the trial court erred in acquitting the accused despite evidence of dowry harassment leading to death
Previous Decisions: The trial court acquitted the accused on 10.01.2003, finding insufficient evidence to prove offences under Sections 498-A and 304-B IPC
Issues: Whether the prosecution proved beyond reasonable doubt the offences under Sections 498-A and 304-B read with Section 34 IPC against the accused persons Whether the presumption under Section 113-B IEA could be invoked in this case
Submissions/Arguments: The prosecution argued that the deceased was harassed for dowry soon before her death, leading to suicide by poisoning The defense contended that the evidence was inconsistent, with no proof of dowry demand or harassment, and the death might be accidental
Ratio Decidendi: For a conviction under Sections 498-A and 304-B IPC, the prosecution must establish cruelty or harassment for dowry soon before death with consistent and reliable evidence -- In appeals against acquittal, interference is warranted only if the trial court's view is perverse, which was not the case here
Judgment Excerpts: The prosecution takes exception to the judgment and order dated 10.01.2003 passed by the learned Adhoc Additional Sessions Judge, Aurangabad, in Sessions Case No. 224 of 2000, whereby, the respondents/accused are acquitted for the offences punishable under sections 498-A and 304-B read with section 34 of the Indian Penal Code The complainant further alleged that all the accused persons, who are close relatives of his son-in-law/accused no.1, had demanded amount of Rs.50,000/- and due to non fulfillment of the said illegal demand, they harassed the deceased and administered poison and committed her murder
Procedural History: On 20.05.2000, an accidental death entry was registered after Savita Nandkumar Chavan died in hospital -- On 21.05.2000, Crime No. 16/2000 was registered under Sections 302, 498-A IPC based on a complaint by the father -- Investigation was conducted, accused were arrested, and a charge-sheet was filed -- The case was committed to Sessions Court, where charges were framed under Sections 498-A, 304-B IPC -- The trial court acquitted the accused on 10.01.2003 -- The State filed an appeal under Section 378(1) CrPC on 10.01.2003, which was heard and dismissed by the High Court on 21.01.2026
