Case Note & Summary
The State of Maharashtra appealed against the judgment and order of acquittal dated 19th November 1998 passed by the Additional Sessions Judge, Latur in Sessions Case No.181/1997, acquitting the respondents (original accused) of offences under Sections 304B, 498A read with 34 IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. The prosecution case was that the informant Datta Kondiba Chate's daughter Vidyabai was married to accused Vaijinath when she was about 7 years old. After marriage, she lived with her husband and in-laws. It was alleged that the accused demanded a motorcycle and cash from the informant, and subjected Vidyabai to ill-treatment for non-fulfillment of the demand. Vidyabai left the matrimonial home and lived with her parents for about 1.5 years. On 28th April 1997, she consumed poison and died. The trial court acquitted all accused, holding that the prosecution failed to prove that the deceased was subjected to cruelty or harassment for dowry 'soon before her death'. The High Court, in appeal, examined the evidence of the informant (PW1), the panch witnesses, and the medical officer. The informant stated that after marriage, the accused demanded a motorcycle and cash, but he could not fulfill the demand. However, he admitted that his daughter left the matrimonial home about 1.5 years before her death and was living with him, and that there was no demand after she left. The other witnesses, including the panch witnesses, did not support the prosecution case. The medical officer (PW4) stated that the cause of death was poisoning, but could not opine whether it was accidental or suicidal. The High Court held that the presumption under Section 113B of the Evidence Act could not be invoked because the prosecution failed to establish that the deceased was subjected to cruelty or harassment for dowry 'soon before her death'. The evidence did not show any demand or harassment within the period soon before death. The trial court's findings were based on proper appreciation of evidence and were not perverse. The High Court dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B of Evidence Act - The prosecution must prove that the deceased was subjected to cruelty or harassment for dowry 'soon before her death'. In this case, the evidence of the informant and other witnesses did not establish any demand of dowry or harassment within the period soon before the death. The deceased had left the matrimonial home and was living with her parents for about 1.5 years prior to death, and there was no evidence of any demand or harassment during that period. Held that the presumption under Section 113B cannot be invoked, and the acquittal was proper (Paras 8-12). B) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - The prosecution failed to prove that the deceased was subjected to cruelty for dowry. The evidence of the informant and other witnesses was vague and did not specify any particular demand or harassment. The deceased had voluntarily left the matrimonial home and was living with her parents, and there was no evidence of any dowry demand after she left. Held that the ingredients of Section 498A were not made out (Paras 8-12). C) Criminal Law - Acquittal Appeal - Scope of Interference - The High Court in an appeal against acquittal will not interfere unless the findings of the trial court are perverse or based on no evidence. In this case, the trial court's findings were based on proper appreciation of evidence and were not perverse. Held that the appeal was devoid of merit and dismissed (Para 13).
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the deceased was subjected to cruelty or harassment for dowry soon before her death, so as to attract the presumption under Section 113B of the Evidence Act and sustain conviction under Sections 304B and 498A IPC.
Final Decision
The High Court dismissed the appeal, upholding the judgment and order of acquittal passed by the Additional Sessions Judge, Latur in Sessions Case No.181/1997.
Law Points
- Dowry death
- presumption under Section 113B of Evidence Act
- cruelty soon before death
- Section 304B IPC
- Section 498A IPC
- acquittal appeal
- standard of proof
