Case Note & Summary
The State of Maharashtra appealed against the acquittal of five accused persons (respondents) by the Additional Sessions Judge, Udgir, in Sessions Case No. 30/2005. The accused were charged with offences under Sections 302, 304-B, 498-A, 201 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution case was that the deceased, Kavita @ Nikita, married accused No. 1 on 06.05.2001. Dowry of Rs. 2,00,000, a motorcycle, and gold were given. After six months, the accused demanded 2 tolas gold, which was fulfilled. Later, they demanded Rs. 25,000 and threatened a second marriage, which was also paid. The deceased became pregnant but died on 17.10.2004. The prosecution alleged that the accused killed her by strangulation or administered poison due to dowry demands. The trial court acquitted all accused, finding the evidence of the mother (PW-1) unreliable and the dying declaration (Exh. 28) inconsistent with the medical evidence. The High Court, in appeal, examined the evidence and found that the prosecution failed to prove that the deceased was subjected to cruelty or harassment for dowry soon before her death. The dying declaration stated that the deceased consumed poison due to harassment by her husband, but did not mention dowry. The medical evidence showed death by strangulation, but the High Court noted that the dying declaration was recorded by a doctor and was voluntary. The court held that the presumption under Section 113-B of the Evidence Act could not be invoked without proof of the foundational fact. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113-B Evidence Act - The prosecution must prove that the deceased was subjected to cruelty or harassment for dowry soon before her death. In this case, the evidence of the mother (PW-1) was found unreliable due to improvements and contradictions, and the dying declaration (Exh. 28) did not mention any dowry demand. The High Court held that the presumption under Section 113-B cannot be invoked without proof of the foundational fact. (Paras 1-20) B) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - The prosecution failed to prove the chain of circumstances leading to the death of the deceased. The medical evidence (PW-7) indicated death due to asphyxia due to strangulation, but the dying declaration (Exh. 28) stated that the deceased consumed poison. The inconsistency and lack of credible evidence led to the acquittal being upheld. (Paras 1-20) C) Criminal Law - Dowry Prohibition Act - Sections 3 and 4 - Demand of Dowry - The alleged demands of gold and Rs. 25,000 were fulfilled years before the death, and there was no evidence of any demand soon before the death. The High Court found that the trial court's acquittal was based on proper appreciation of evidence. (Paras 1-20)
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 302, 304-B, 498-A, 201 read with Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act is sustainable in law.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of all accused.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113-B Evidence Act
- cruelty
- demand of dowry
- soon before death
- acquittal appeal
- interference by High Court
