Case Note & Summary
The appellant, the father of the deceased, filed a criminal appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal dated 20.08.2014 passed by the II Additional Sessions Judge, Chikmagalur, in S.C. No. 138/2010. The trial court had acquitted the accused (respondent No.1) for offences punishable under Sections 498A and 304-B of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The deceased, daughter of the appellant, was married to the accused about 10 years prior to her death. She died due to burn injuries. The prosecution alleged that the accused subjected her to cruelty and demanded additional dowry. The trial court, after considering the evidence, found that the prosecution failed to prove the demand of dowry and harassment soon before death. The High Court, on appeal, examined the evidence and found no grounds to interfere with the acquittal. The court noted that the witnesses turned hostile and there was no credible evidence to establish the demand of dowry. The appeal was dismissed, and the acquittal was confirmed.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113B Evidence Act - The prosecution must first establish that the death occurred within seven years of marriage and that there was a demand of dowry soon before death. In the absence of evidence of demand of dowry, the presumption under Section 113B cannot be invoked. The trial court's acquittal was upheld as the prosecution failed to prove the essential ingredients. (Paras 1-10) B) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - The prosecution must prove that the woman was subjected to cruelty or harassment for or in connection with demand of dowry. Where the evidence of witnesses is inconsistent and lacks corroboration, the accused is entitled to acquittal. (Paras 1-10)
Issue of Consideration
Whether the trial court was justified in acquitting the accused for offences under Sections 498A and 304-B IPC and Sections 3 and 4 of the Dowry Prohibition Act.
Final Decision
The High Court dismissed the appeal and confirmed the judgment of acquittal passed by the trial court.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113B Evidence Act
- demand of dowry
- cruelty
- Section 498A IPC
- acquittal appeal
- Section 372 CrPC
