Case Note & Summary
The State of Maharashtra appealed against the judgment of the Assistant Sessions Judge, Nagpur, acquitting the respondents (accused) of offences under Sections 498A, 306, and 304B read with Section 34 of the Indian Penal Code (IPC). The deceased Preeti married accused No.1 Manohar Gourkar on 20.5.2004. The prosecution alleged that after 15 days of marriage, the accused started harassing her for a dowry of Rs.50,000 and that she committed suicide on 21.6.2007. The father of the deceased (PW2) lodged a report on 22.6.2007. The trial court acquitted the accused, and the State appealed. The High Court, after hearing the parties, dismissed the appeal, holding that the prosecution failed to prove that the deceased was subjected to cruelty or harassment in connection with dowry demand 'soon before her death' as required under Section 304B IPC. The evidence of demand of Rs.50,000 was vague and not shown to be proximate to the death. The dying declaration (Exh. 28) did not support the prosecution. The court also noted that the marriage was a love marriage and the deceased had two daughters. The acquittal was upheld.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B Evidence Act - The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with demand of dowry soon before her death. In the absence of such evidence, the presumption cannot be invoked. The court upheld acquittal as the evidence of demand of Rs.50,000 was not shown to be 'soon before death' and the deceased died after 3 years of marriage. (Paras 5-7)
B) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - Abetment of Suicide - Section 306 IPC - The allegations of harassment must be proved beyond reasonable doubt. The court found the testimony of the father (PW2) vague and lacking in specifics, and the dying declaration (Exh. 28) did not support the prosecution case. Hence, acquittal was confirmed. (Paras 5-7)
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 498A, 306, and 304B read with Section 34 IPC is sustainable in law.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 26.8.2008 passed by the Assistant Sessions Judge, Nagpur, in Sessions Trial 485 of 2007 is confirmed.
Law Points
- Dowry death
- Section 304B IPC
- presumption under Section 113B Evidence Act
- cruelty
- Section 498A IPC
- abetment of suicide
- Section 306 IPC
- acquittal appeal
- standard of proof
Case Details
2018 LawText (BOM) (02) 129
Criminal Appeal No. 797 of 2008
Mr. N.R. Patil, Additional Public Prosecutor for the appellant; Mr. Darasingh Sandhu, counsel for the respondents
Manohar Gunwant Gourkar and others
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Nature of Litigation
Appeal against acquittal in a criminal case involving dowry death, cruelty, and abetment of suicide.
Remedy Sought
The State sought reversal of the acquittal and conviction of the respondents for offences under Sections 498A, 306, and 304B read with Section 34 IPC.
Filing Reason
The State challenged the judgment of the trial court acquitting the accused of the said offences.
Previous Decisions
The Assistant Sessions Judge, Nagpur, acquitted the respondents on 26.8.2008 in Sessions Trial 485 of 2007.
Issues
Whether the prosecution proved that the deceased was subjected to cruelty or harassment in connection with demand of dowry soon before her death?
Whether the presumption under Section 113B of the Evidence Act can be invoked?
Whether the acquittal is perverse or against the weight of evidence?
Submissions/Arguments
The learned Additional Public Prosecutor argued that the trial court erred in acquitting the accused despite evidence of demand of Rs.50,000 and harassment.
The learned counsel for the respondents supported the acquittal, submitting that the evidence was insufficient and the dying declaration did not support the prosecution.
Ratio Decidendi
For an offence under Section 304B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connection with demand of dowry 'soon before her death'. The evidence of demand of Rs.50,000 was vague and not shown to be proximate to the death. The dying declaration (Exh. 28) did not support the prosecution case. Hence, the presumption under Section 113B of the Evidence Act could not be invoked, and the acquittal was upheld.
Judgment Excerpts
The State is in appeal challenging the judgment and order dated 26.8.2008 rendered by the Assistant Sessions Judge Nagpur – 3, in Sessions Trial 485 of 2007, by and under which, the respondents – accused are acquitted of offence punishable under sections 498A, 306 and 304B read with section 34 of the Indian Penal Code (IPC).
The case of the prosecution as is unfolded during the trial is thus: Deceased Preeti, the daughter of (PW 2) Madhukar Dhande and accused 1 Manohar Gourkar were in love and entered into matrimonial alliance on 20.5.2004.
The appeal is dismissed.
Procedural History
The trial court (Assistant Sessions Judge, Nagpur) acquitted the respondents on 26.8.2008. The State appealed to the High Court. The appeal was heard and dismissed on 6.1.2018.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 498A, 306, 304B, 34
- Code of Criminal Procedure, 1973 (CrPC): 174
- Indian Evidence Act, 1872: 113B
