Case Note & Summary
The appellant, Murlidhar s/o Kashinath Mehtre, was convicted by the learned Ad-hoc Additional Sessions Judge, Buldana, for offences under Section 304-B (dowry death) and Section 498-A (cruelty by husband) of the Indian Penal Code, 1860, in Sessions Case No. 95/2000. He was sentenced to seven years rigorous imprisonment and a fine of Rs. 1000/- for the offence under Section 304-B, with no separate sentence for Section 498-A. The deceased, Sharda, was the sister of PW1-Pralhad Kharat. Her marriage with the accused was performed on 22.4.1996. After about one-and-a-half years of marriage, the accused allegedly started ill-treating Sharda, demanding Rs. 30,000/- for purchasing a motorcycle. Sharda used to complain to her brother about the demand and ill-treatment whenever she visited her parental home. About 10-12 days prior to her death, one Sudam Kharat (not examined) informed PW1 that the accused had assaulted Sharda and denied her food. On 4.7.2000, Sharda was admitted to General Hospital, Jalna, and died. PW1 lodged a complaint, and the police registered an offence. The trial court convicted the accused. On appeal, the Bombay High Court examined the evidence. The court found that the prosecution witnesses, PW1 and PW2 (mother of deceased), gave vague testimony about the demand of Rs. 30,000/- and did not specify when the demand was made or that it was made 'soon before death'. The alleged incident of assault and denial of food was hearsay as Sudam Kharat was not examined. The court held that the ingredients of Section 304-B IPC were not satisfied, particularly the requirement that the cruelty or harassment must be 'soon before death' and in connection with dowry. Consequently, the presumption under Section 113B of the Evidence Act could not be applied. The court also set aside the conviction under Section 498-A due to lack of specific evidence. The appeal was allowed, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - Dowry Death - Section 304-B Indian Penal Code, 1860 - Presumption under Section 113B Indian Evidence Act, 1872 - The prosecution must prove that the deceased was subjected to cruelty or harassment 'soon before her death' in connection with demand for dowry. In the present case, the evidence of PW1 and PW2 regarding demand of Rs. 30,000/- for motorcycle was vague and not corroborated by independent witnesses. The alleged incident of assault and denial of food 10-12 days prior to death was hearsay as Sudam Kharat was not examined. The court held that the prosecution failed to establish the proximate link between the alleged cruelty and the death, and therefore the presumption under Section 113B could not be invoked. (Paras 5-8) B) Criminal Law - Cruelty by Husband - Section 498-A Indian Penal Code, 1860 - The conviction under Section 498-A was also set aside as the evidence of cruelty was not sufficient to sustain the charge. The court noted that the allegations of ill-treatment were general and not specific, and the witnesses were interested parties. (Para 8)
Issue of Consideration
Whether the prosecution has proved the ingredients of Section 304-B IPC beyond reasonable doubt, particularly the demand of dowry and cruelty 'soon before death'.
Final Decision
Appeal allowed. Impugned judgment and order dated 20th September 2003 set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113B Evidence Act
- demand of dowry
- cruelty soon before death
- proximate link
- seven years of marriage
