Case Note & Summary
The case involves two cross-appeals arising from the same incident. Criminal Appeal No.552 of 2007 was filed by the State of Maharashtra against the acquittal of the respondents (accused) for the offence punishable under Section 302 read with 34 of the Indian Penal Code (IPC). Criminal Appeal No.561 of 2007 was filed by the appellants (accused) against their conviction for the offences punishable under Sections 304B and 498A read with 34 IPC. The deceased, Sarika, was married to accused no.2 Ajay on 28.5.2005. The marriage was settled through mediation. At the time of marriage, accused no.3 Santosh caused nuisance at the marriage pendal. There was a reception where the parents of the deceased were insulted. The deceased cohabitated with her husband. During the festival of Watsavitri, the father of the deceased visited the accused's house and found the deceased appearing disappointed. Whenever she spoke on the phone, she expressed harassment. The prosecution alleged that the accused demanded a motorcycle as dowry and subjected the deceased to cruelty. The deceased died due to burn injuries within seven years of marriage. The trial court acquitted the accused under Section 302 IPC but convicted them under Sections 304B and 498A IPC. The State appealed against the acquittal, and the accused appealed against the conviction. The High Court considered the evidence and held that the prosecution failed to prove homicidal death beyond reasonable doubt, as there was no eyewitness or dying declaration, and the circumstantial evidence was insufficient. However, the court found that the demand of motorcycle and harassment soon before death were established, and the presumption under Section 113B of the Evidence Act applied. Therefore, the court dismissed the State's appeal and dismissed the accused's appeal, upholding the conviction under Sections 304B and 498A IPC.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Acquittal - Prosecution failed to prove homicidal death - Deceased died due to burn injuries but no eyewitness or dying declaration - Circumstantial evidence insufficient to establish murder - Benefit of doubt given to accused (Paras 1-10). B) Criminal Law - Dowry Death - Section 304B IPC - Conviction - Demand of motorcycle as dowry - Harassment soon before death - Presumption under Section 113B of Evidence Act, 1872 - Deceased died within seven years of marriage - Conviction upheld (Paras 11-20). C) Criminal Law - Cruelty - Section 498A IPC - Conviction - Deceased subjected to cruelty for dowry - Demand of motorcycle and harassment established - Conviction confirmed (Paras 11-20).
Issue of Consideration
Whether the prosecution proved the charge of murder under Section 302 IPC against the accused; Whether the accused are liable for dowry death under Section 304B IPC and cruelty under Section 498A IPC; Whether the presumption under Section 113B of the Evidence Act applies.
Final Decision
Criminal Appeal No.552 of 2007 filed by the State is dismissed. Criminal Appeal No.561 of 2007 filed by the accused is dismissed. The conviction of the accused under Sections 304B and 498A read with 34 IPC is confirmed.
Law Points
- Presumption under Section 113B of Evidence Act
- 1872
- Dowry death under Section 304B IPC
- Cruelty under Section 498A IPC
- Acquittal under Section 302 IPC
- Benefit of doubt
