Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order of acquittal passed by the Additional Sessions Judge, Aurangabad, in Sessions Case No. 131 of 1996, acquitting the respondents (original accused) of offences under Sections 304-B, 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The case arose from the death of one Sunita, who was married to respondent No. 1 Kailas Gore on 15th May 1994. Within about one year of marriage, on 15th April 1995, Sunita died due to burn injuries. The prosecution alleged that the respondents, including the husband and his relatives, demanded a motorcycle and cash from the deceased's father, and subjected her to cruelty and harassment for non-fulfillment of the dowry demand. The trial court acquitted all accused, holding that the prosecution failed to prove the demand of dowry soon before death and that the death was not proved to be otherwise than under normal circumstances. The State appealed. The High Court examined the evidence of PW-1 (father of deceased) and PW-2 (brother), who consistently deposed about the dowry demand and harassment. The court noted that the death occurred within seven years of marriage and there was evidence of dowry demand soon before death. Applying the presumption under Section 113-B of the Evidence Act, the court held that the trial court's acquittal was perverse as it ignored the mandatory presumption and gave undue weight to minor contradictions. The High Court allowed the appeal, set aside the acquittal, and convicted the respondents under Sections 304-B and 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The respondents were sentenced to undergo rigorous imprisonment for seven years under Section 304-B, two years under Section 498-A, and one year under each of the Dowry Prohibition Act offences, with all sentences to run concurrently.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113-B Evidence Act - Once it is proved that death of a woman occurred within seven years of marriage and there was demand of dowry soon before death, the court shall presume that such person caused the dowry death - The trial court's acquittal based on minor contradictions and ignoring the presumption was perverse - Held that the prosecution proved its case beyond reasonable doubt (Paras 10-15). B) Criminal Law - Cruelty by Husband or Relatives - Section 498-A IPC - Demand of dowry and harassment - The evidence of PW-1 (father of deceased) and PW-2 (brother) clearly established that the deceased was subjected to cruelty and harassment for dowry soon before her death - The trial court erred in discarding their testimony on trivial grounds - Held that the conviction under Section 498-A IPC is sustainable (Paras 16-18). C) Evidence Law - Presumption as to Dowry Death - Section 113-B Evidence Act - The presumption is mandatory and shifts the burden of proof on the accused - The respondents failed to rebut the presumption - The trial court's failure to apply the presumption vitiated the acquittal - Held that the appeal must be allowed (Paras 12-14).
Issue of Consideration
Whether the trial court's acquittal of the respondents for offences under Sections 304-B, 498-A IPC and Sections 3, 4 of Dowry Prohibition Act was perverse and liable to be set aside.
Final Decision
Appeal allowed. The judgment and order of acquittal passed by the Additional Sessions Judge, Aurangabad in Sessions Case No. 131 of 1996 is set aside. The respondents are convicted under Sections 304-B and 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. They are sentenced to rigorous imprisonment for seven years under Section 304-B, two years under Section 498-A, and one year under each of the Dowry Prohibition Act offences. All sentences to run concurrently.
Law Points
- Dowry death
- presumption under Section 113-B Evidence Act
- death within seven years of marriage
- demand of dowry
- cruelty
- perverse acquittal
- appellate court's power to reverse acquittal
