Case Note & Summary
The appellant, Das @ Pragalathan, was convicted by the trial court for offences under Sections 498A and 304B of the Indian Penal Code (IPC) and Section 4 of the Dowry Prohibition Act, 1961, and sentenced to rigorous imprisonment for 7 years for the major offence under Section 304B IPC. The case of the prosecution was that the marriage between the appellant and the deceased was solemnized on 18.04.2014, and at the time of marriage, 2½ sovereigns of gold and Rs.50,000/- in cash were given as dowry as per the demand of the accused (A1 to A3). After marriage, the deceased was allegedly harassed by the appellant and his parents (A2 and A3) for additional dowry of 2½ sovereigns of gold and Rs.50,000/- in cash. The issue was sorted out several times by PW1 (mother of the deceased) and relatives. On 25.02.2016, when PW2 (sister of the deceased) visited, the accused quarrelled and harassed the deceased demanding dowry, and PW2 compromised stating they would arrange it within 15 days. The next day, on 26.02.2016, the accused again harassed the deceased and pushed her down, causing injuries, and the deceased consumed poison. The appellant took her to the hospital, but she died at 8.00 a.m. PW1 lodged a complaint, and FIR was registered. The trial court convicted the appellant. On appeal, the High Court examined the evidence and found that the prosecution failed to establish that the deceased was subjected to cruelty or harassment in connection with demand of dowry soon before her death. The court noted that the evidence of PW1 and PW2 regarding harassment was vague and did not specify the time frame proximate to death. The court held that the presumption under Section 113B of the Evidence Act could not be invoked without proof of dowry demand soon before death. Consequently, the court set aside the conviction under Sections 304B IPC and Section 4 of the Dowry Prohibition Act, 1961, and also under Section 498A IPC, and acquitted the appellant.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B Evidence Act - The presumption of dowry death under Section 113B of the Evidence Act can be invoked only if the prosecution proves that the deceased was subjected to cruelty or harassment in connection with demand of dowry soon before her death. In the absence of such evidence, the presumption cannot be applied. (Paras 10-15) B) Criminal Law - Dowry Prohibition Act - Section 4 - Demand of Dowry - The prosecution must prove that the accused demanded dowry and that such demand was made soon before the death of the deceased. Mere evidence of past demands without proximity to death is insufficient to sustain a conviction under Section 4 of the Dowry Prohibition Act, 1961. (Paras 16-20) C) Criminal Law - Cruelty by Husband - Section 498A IPC - The offence under Section 498A IPC requires proof of cruelty or harassment of the woman by her husband or his relatives. In this case, the evidence of PW1 and PW2 regarding harassment was vague and did not establish that the cruelty was in connection with dowry demand soon before death. (Paras 21-25)
Issue of Consideration
Whether the conviction of the appellant under Sections 498A and 304B IPC and Section 4 of the Dowry Prohibition Act, 1961 is sustainable when the prosecution failed to establish that the deceased was subjected to cruelty or harassment in connection with demand of dowry soon before her death.
Final Decision
The appeal is allowed. The conviction and sentence imposed on the appellant by the trial court in S.C.No.264 of 2017 dated 24.02.2022 are set aside. The appellant is acquitted of all charges. The bail bonds, if any, shall stand cancelled.
Law Points
- Dowry death
- Presumption under Section 113B Evidence Act
- Demand of dowry soon before death
- Section 304B IPC
- Section 4 Dowry Prohibition Act
- 1961
- Section 498A IPC
