Case Note & Summary
The present criminal revision application was filed by Appasaheb @ Eknath Nago Salunke, the husband of the deceased Kirti, challenging the order dated 10.6.2008 passed by the learned Sessions Judge at Khamgaon in Sessions Case No.110 of 2006, whereby his application under Section 227 of the Code of Criminal Procedure, 1973 for discharge was rejected. The applicant was charged with offences under Sections 304-B, 498-A of the Indian Penal Code, 1860 and Sections 3, 4 of the Dowry Prohibition Act, 1961. The background of the case is that the deceased Kirti was married to the applicant on 1.5.2005. She was not satisfied with the marriage and within a short period, she died under suspicious circumstances. The father of the deceased, Krishna Shankar Patil, lodged FIR No.71 of 2005 alleging that the applicant subjected Kirti to cruelty and harassment for dowry, leading to her death. During investigation, a dying declaration of Kirti was recorded wherein she implicated the applicant. The applicant contended that there was no prima facie case against him and sought discharge. The trial court rejected the application, holding that the dying declaration and other evidence disclosed a prima facie case. The High Court, after hearing both sides, dismissed the revision application. The court observed that at the stage of framing charge, the court is not required to hold a mini-trial and only a prima facie case is needed. The dying declaration, if found reliable, can be the basis for framing charge. The court also noted that the presumption under Section 113-B of the Indian Evidence Act, 1872 would apply in dowry death cases. Therefore, the trial court's order was upheld, and the revision was dismissed.
Headnote
A) Criminal Procedure - Discharge - Section 227 CrPC - Prima Facie Case - The court must consider whether there is sufficient ground for proceeding against the accused; if the evidence prima facie discloses the commission of an offence, discharge is not warranted. Held that the trial court correctly rejected the discharge application as the dying declaration and other materials indicated a prima facie case (Paras 1-10). B) Evidence - Dying Declaration - Admissibility - A dying declaration can be the sole basis for conviction if it is found to be truthful and reliable. At the stage of framing charge, the court can rely on the dying declaration to conclude that there is a prima facie case. Held that the dying declaration of the deceased Kirti implicating the applicant was sufficient to frame charges (Paras 5-8). C) Dowry Death - Presumption - Section 113-B of the Indian Evidence Act, 1872 - Presumption as to dowry death - Once it is proved that the death occurred within seven years of marriage and there was cruelty or harassment for dowry, the court shall presume that the accused caused the dowry death. Held that the presumption under Section 113-B is attracted at the stage of framing charge (Paras 6-9).
Issue of Consideration
Whether the applicant is entitled to discharge under Section 227 of the Code of Criminal Procedure, 1973 in a case involving offences under Sections 304-B, 498-A of the Indian Penal Code, 1860 and Sections 3, 4 of the Dowry Prohibition Act, 1961.
Final Decision
The criminal revision application is dismissed. The order dated 10.6.2008 passed by the learned Sessions Judge at Khamgaon rejecting the discharge application is confirmed.
Law Points
- Discharge under Section 227 CrPC requires only a prima facie case
- not a full trial
- Dying declaration can be basis for framing charge
- Presumption under Section 113-B of Evidence Act applies in dowry death cases
- Standard for framing charge is lower than for conviction
