Case Note & Summary
The State of Maharashtra appealed against the acquittal of five accused persons for offences under Sections 498A, 304B and 302 read with Section 34 of the Indian Penal Code. The deceased, Sheetal, was married to accused No.1 on 18.02.2005 and died due to burn injuries on 09.09.2005. The prosecution alleged that the accused demanded a Hero Honda motorcycle and other dowry articles, and subjected Sheetal to cruelty. The trial court acquitted the accused, holding that the prosecution failed to prove the demand of dowry soon before death. The High Court upheld the acquittal, noting that the evidence of dowry demand was vague and not proximate to the death. The dying declaration of the deceased stated that she caught fire while cooking and did not implicate any accused. The court held that the presumption under Section 113B of the Evidence Act was not attracted as the prosecution did not establish cruelty or harassment in connection with dowry demand soon before death. The appeal was dismissed.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B of 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 present case, the evidence of demand of dowry was vague and not proximate to the date of death. The deceased died on 09.09.2005, but the last demand alleged was in March 2005. Hence, the presumption under Section 113B of the Evidence Act was not attracted. (Paras 10-12) B) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - The prosecution failed to prove that the accused subjected the deceased to cruelty or harassment. The allegations of demand of dowry were not supported by any independent witness and the dying declaration did not implicate the accused. (Paras 13-14) C) Criminal Law - Murder - Section 302 IPC - No evidence to prove that the accused caused the death of the deceased. The dying declaration stated that the deceased caught fire while cooking and there was no allegation against the accused. (Para 15) D) Criminal Law - Appeal against Acquittal - Scope of interference - The appellate court should not interfere with an order of acquittal unless it is perverse or based on no evidence. The trial court's findings were based on proper appreciation of evidence and were not perverse. (Para 16)
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 498A, 304B and 302 read with Section 34 of the Indian Penal Code was justified in the absence of evidence of dowry demand soon before the death of the deceased.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the Additional Sessions Judge, Gondia is confirmed.
Law Points
- Presumption under Section 113B of Evidence Act arises only if prosecution proves demand of dowry soon before death
- Acquittal upheld if evidence of demand is vague and not proximate
- Section 304B IPC requires death within seven years of marriage and cruelty in connection with dowry demand
- Section 498A IPC requires cruelty or harassment
- Acquittal not interfered with unless perverse
