IMPORTANT POINTS
FIR is neither meant to be an encyclopedia nor expected to contain all the details of the prosecution case.
Statement before police u/s 161 CrPC is not substantive piece of evidence.
Mere delay in examining a witness does not make his evidence unreliable.
Investigating Officer is not obliged to anticipate all possible defences and investigate in that angle. Any omission on the part of the investigating officer cannot go against the prosecution.
In section 304B, IPC ‘shown’ will have to be read up to mean ‘proved’ but only to the extent of preponderance of probability; and ‘deemed’ is to be read down to require an accused to prove his innocence, but beyond reasonable doubt.

Headnote:(a) Code of Criminal Procedure, 1973 – Section 154 – FIR – Neither meant to be an encyclopedia nor expected to contain all the details of the prosecution case – Sufficient if broad facts of prosecution case are stated in the FIR – Unless there are indications of fabrication, prosecution version cannot be doubted merely on the ground that FIR does not contain the details. (Para 12)
       (b) Code of Criminal procedure, 1973 – Section 161 and 162 r/w section 145, Evidence Act, 1872 – Statement before police u/s 161 – Not substantive piece of evidence – Can be used for limited purpose of contradicting the witness, that too, if proved – Statement u/s 161 can be used only by drawing attention of the witness to the parts intended for contradiction – Instantly neither PW-1 nor the investigating officer were confronted with the statement and questioned about it – PW-1’s statement u/s 161 Cr.P.C. cannot be looked into for any purpose, much less to discredit the testimony of PW-1 and the prosecution version. (Para 15, 16, 18, 19)
       (c) Code of Criminal Procedure, 1973 – Section 161 – Statement before police – Delay in recording – Properly explained – Further, defence not questioning the IO on this point – Contention of delay in recording statement u/s 161 not tenable. (Para 24)
       (d) Criminal trial – Examination of witness – Delay – Mere delay in examining a witness does not make his evidence unreliable. (Para 25)
       (2005) 9 SCC 283 – Relied upon
       (e) Indian Evidence Act, 1872 – Section 113A and 113B – Occurrence like demand of dowry happen within four walls and in knowledge of family members only – Independent witnesses cannot be found – That is why sections 113A and 113B raising presumption have been introduced. (Para 27)
       (f) Criminal trial – Investigation – Defence relying on three documents – None of these discovered during investigation – Produced by defence with application for bail – No explanation why it was not handed over to IO – Documents not proved – IO not obliged to anticipate all possible defences and investigate in that angle – Any omission on the part of the investigating officer cannot go against the prosecution. (Para 36)
       (1999) 8 SCC 715 – Relied upon impliedly
       2015 (1) SCALE 498; (2009) 14 SCC 541 – Distinguished impliedly
       (g) Indian Penal Code, 1860 – Section 304B – Use of word ‘shown’ instead of ‘proved’ and use of the word ‘deemed’– Onus on prosecution would stand satisfied on preponderance of probability – ‘Shown’ will have to be read up to mean ‘proved’ but only to the extent of preponderance of probability – ‘Deemed’ is to be read down to require an accused to prove his innocence, but beyond reasonable doubt. (Para 37)
       (2015) 1 SCR 29; 2015 (3) SCALE 186 – Relied upon
       (h) Indian Penal Code, 1860 – Section 304B r/w section 113B, Evidence Act, 1872 – Prosecution establishing beyond reasonable doubt that deceased was subjected to cruelty in connection with demand of dowry soon before her death – Presumption not rebutted by appellants – Concurrent finding of courts below convicting appellants does not warrant interference. (Para 39)
       (i) Indian Penal Code, 1860 – Section 304B – Minimum sentence 7 years imprisonment – In facts of the case, sentence of life imprisonment imposed on Rahul Mishra reduced to ten years – Similarly sentence of life imprisonment imposed on V.K. Mishra and Neelima Mishra reduced to seven years each. (Para 41, 42)
       (2013) 4 SCC 177 – Relied upon
       Facts of the case:
       Appellants were convicted and sentenced under Section 304B, 498A IPC and under Sections 3 and 4 of the Dowry Prohibition Act.
       High Court confirmed the conviction and the sentence.
       Finding of the Court:
       There is no error in conviction of the appellants.
       Result: Appeals partly allowed.

Judgement Key Points

The legal document pertains to a case involving dowry death under Section 304B of the Indian Penal Code. The key points established from the judgment are as follows:

The FIR is not required to contain all details of the prosecution case; it is sufficient if it states the broad facts, unless there are indications of fabrication. (!) (!)
Statements made by witnesses under Section 161 of the Criminal Procedure Code are not substantive evidence but can be used for limited purposes such as contradiction, provided they are properly proved and confronted with the witness during cross-examination. (!) (!) (!) (!) (!)
Delay in recording a witness’s statement under Section 161 does not automatically render the evidence unreliable, especially if the delay is properly explained and the witness’s credibility remains intact. (!) (!) (!)
Evidence that a death occurred shortly after alleged cruelty or harassment, especially in connection with dowry demands, can give rise to a presumption that the accused caused the dowry death, which can be rebutted by the accused. (!) (!) (!) (!)
The essential elements to establish a dowry death under Section 304B include: death caused under unnatural circumstances within seven years of marriage, the victim was subjected to cruelty or harassment by her husband or relatives, such cruelty was linked to dowry demands, and such cruelty occurred shortly before her death. (!) (!) (!) (!) (!) (!)
Evidence indicating that the victim was subjected to cruelty and harassment in connection with dowry demands, as well as proof of the timing of such cruelty “soon before” her death, is crucial for establishing the presumption of causation. (!) (!) (!) (!)
Circumstantial evidence, including the victim’s mental state, conduct, and the absence of independent witnesses, is often relied upon in dowry death cases, especially when demands are made within the privacy of the matrimonial home. (!) (!) (!)
The investigation’s lapses or procedural irregularities do not necessarily invalidate the prosecution’s case if the core evidence remains credible and trustworthy. The court has the authority to scrutinize the evidence independently of the investigation’s conduct. (!) (!)
The use of certain words in the statutory provisions, such as ‘shown’ and ‘deemed,’ indicates that the prosecution’s burden is to establish its case on a preponderance of probabilities, and the presumption of guilt can be rebutted by the accused. (!) (!)
The court may reduce the sentences based on the circumstances, such as the age and health of the accused, as well as the period already served in custody. (!) (!)

In summary, the judgment emphasizes that establishing dowry death involves proving a series of linked facts, including the occurrence of cruelty or harassment shortly before death, and that procedural lapses in investigation do not automatically undermine the case if the evidence against the accused is otherwise credible and convincing.

JUDGMENT

R. BANUMATHI, J.

These appeals arise out of the judgment dated 26.09.2011 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.42 of 2002, whereby High Court confirmed the conviction of the appellants under Section 304B, 498A IPC and under Sections 3 and 4 of the Dowry Prohibition Act and the sentence of imprisonment for life was imposed on each of them.

2. Brief facts which led to filing of these appeals are as under:-Deceased-Archana was given in marriage to accused Rahul Mishra on 28.06.1997. Before marriage and after the engagement, Dr. Hirday Narayan Tripathi, father of the deceased, had given a sum of Rs.50,000/-each on three occasions and Rs.63,200/-on 11.07.1997 and also gifted jewellery worth Rs.2,00,000/-to Archana. Archana, after return from honeymoon, visited her parents house and complained several times to her father, mother and brother about the continuous harassment and torture meted out to Archana by her in-laws and husband and that they used to abuse her in connection with demand of dowry. Between 09.08.1997 to 10.08.1997, Archana visited her parents house. On 09.08.1997, Archana informed her brother-Santosh (PW-2) about the demand of Rs. 5,00,000/-by the appellants and PW-2 told Archana that he will talk to the appellants. On 10.08.1997, appellant Rahul came to Archana’s house and had taken back Archana to his house. On 10.08.1997, PW2-Santosh Kumar visited the house of the accused and tried to pacify the accused regarding their demand of Rs. 5,00,000/-; but the accused persisted in their demand. On 13.08.1997, PW1-Dr. Hirday Narayan Tripathi visited various institutions to find job for Archana. On the same day, Archana was admitted in the hospital as a suspected case of poisoning and she died due to poisoning. Law was set in motion by PW1-Dr. Hirday Narayan Tripathi and on the basis of the complaint, FIR was registered against the accused in FIR Case No.571/1997 under Sections 306 and 498A IPC at P.S. Kotwali, Dehradun. After investigation, charge-sheet was filed and charges were framed against the appellants-accused by the trial court under Sections 304B, 498A IPC and under Sections 3 and 4 of the Dowry Prohibition Act.

3. To substantiate charges against the accused, prosecution has examined 14 witnesses. When the accused were questioned under Section 313 Cr.P.C. about the incriminating evidence and circumstances, the accused denied demand of any dowry and pleaded that they are innocent. Upon consideration of evidence, trial court-Additional Sessions Judge, Dehradun vide judgment dated 04.02.2002 convicted the appellants under Section 304B IPC and sentenced them to undergo rigorous imprisonment for life. The appellants were also convicted under Section 498A IPC and each of them was sentenced to undergo rigorous imprisonment for three years with a fine of Rs.2,000/-each with default clause. They were also convicted under Sections 3 and 4 of the Dowry Prohibition Act and were sentenced to undergo rigorous imprisonment for one year with a fine of Rs.1,000/-each with default clause. All the sentences were ordered to run concurrently. Aggrieved by the verdict of conviction, the appellants preferred an appeal before the High Court which came to be dismissed confirming the conviction and sentence imposed on the accused by the trial court.

4. The learned counsel for the appellants contended that in the FIR lodged by the father of the deceased or in his earlier statement recorded by the police neither there was mention of any dowry demand made by the appellants nor of any harassment meted out to his daughter. It was contended that PW2-brother of the deceased made a false statement for the first time on 18.08.1997 i.e. five days after the death of Archana stating that the parents-in-laws of the deceased were raising dowry demand of Rs.5,00,000/-and also made allegations regarding cruelty and harassment in connection therewith. It was submitted that PW-2 kept silent for about eight days

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2015 Supreme(SC) 748

Cases Referred (7)