Case Note & Summary
The State of Maharashtra appealed against the judgment of acquittal passed by the learned Adhoc Additional Sessions Judge, Washim in Sessions Trial No. 78/2006, whereby all the respondents (accused) were acquitted for offences punishable under Sections 498A, 304B, 306 read with Section 34 of the Indian Penal Code. The case of the prosecution was that Jayshree, daughter of Shankarrao Raghoji Dukandar, was married to respondent no. 1 on 28-5-2002. After marriage, she resided with her husband and in-laws at Bramha. Initially, for about one and a half years, she was treated well, but thereafter the respondents started ill-treating her and demanding Rs. 50,000/- from her parents to purchase a plot at Ansing. On 16-4-2006, her father visited her and she complained of harassment. On 19-4-2006, Jayshree committed suicide by hanging. The prosecution examined several witnesses, including the father and brother of the deceased, but they turned hostile and did not support the prosecution case. The trial court acquitted the accused, holding that the prosecution failed to prove the demand of dowry or cruelty soon before death. The High Court, in appeal, examined the evidence and found that the prosecution witnesses had turned hostile, and there was no credible evidence to establish the demand of dowry or cruelty. The medical evidence did not indicate any external injuries, and the suicide note did not implicate the accused. The court held that the presumption under Section 113B of the Evidence Act could not be invoked as the foundational facts were not proved. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B of Evidence Act, 1872 - The presumption of dowry death is not automatic; it arises only when the prosecution proves that the deceased was subjected to cruelty or harassment for or in connection with demand of dowry soon before her death. In the absence of such foundational evidence, the presumption cannot be invoked. (Paras 10-12) B) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - Demand of Dowry - Allegations of demand of Rs. 50,000/- for purchase of plot not substantiated as the only witness to such demand turned hostile. The prosecution failed to prove any cruelty or harassment for dowry. (Paras 8-9) C) Criminal Law - Abetment of Suicide - Section 306 IPC - To convict for abetment of suicide, there must be direct or indirect acts of instigation or intentional aid. In this case, the deceased's suicide note did not implicate the accused, and there was no evidence of abetment. (Para 13) D) Evidence Act - Hostile Witness - Section 154 - Testimony of a hostile witness cannot be relied upon unless corroborated by other reliable evidence. The prosecution's case heavily relied on hostile witnesses, leading to failure of proof. (Paras 8-9)
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 498A, 304B, 306 read with Section 34 of IPC was justified given the evidence on record.
Final Decision
The appeal is dismissed. The judgment of acquittal passed by the learned Adhoc Additional Sessions Judge, Washim in Sessions Trial No. 78/2006 is upheld.
Law Points
- Presumption under Section 113B of Evidence Act not automatic
- requires proof of demand of dowry soon before death
- Acquittal upheld when prosecution fails to establish foundational facts
- Hostile witness testimony cannot be relied upon without corroboration
