IMPORTANT POINT
Demand of dowry should be proximate to the death of the deceased to attract section 304B IPC.

JUDGMENT :

Jagdish Singh Khehar, J.

1. Dattaraj the respondent-accused no. 1, married Savita (since deceased), on 7.6.2002. About three months before the marriage, at the asking of Dattaraj, it was agreed to give Rs.21,000/- in cash and 3 tolas of gold. Accordingly, the family of Savita complied with the aforesaid commitment, at the time of marriage. After their marriage, Savita started to live in her matrimonial house along with Dattaraj (respondent-accused no. 1). Soon after his marriage, Dattaraj went to Dubai, leaving Savita at the matrimonial house. During his absence, she went to her parents’ house. Dattaraj contacted Savita, and had a telephonic conversation with her, while she was at her parents’ house. He enquired from her, with whose permission she had gone to her maternal house. He also rebuked her for having left the matrimonial house, without his permission.

2. While Savita was in her maternal house, Dattaraj required her to get Rs.20,000/-in cash from her parents, as his brother needed the money to purchase some agricultural land. On the asking of Dattaraj, Savita got the money from her parents. After Dattaraj returned from Dubai, he was invited by Savita’s parents for a “pooja” (prayer) ceremony. The “pooja” had been arranged to celebrate the installation of a bore-well, on the agricultural lands owned by Savita’s father. It was alleged, that Dattaraj (respondent-accused no. 1) had agreed to attend the “pooja”, only if he was given three tolas of gold, as also, wearing apparel. As against the above, the assertion of Dattaraj was, that such gifts were customary, and were given by the parents of Savita, on their own free will. In any case, it is not a matter of dispute, that gold and clothing were indeed given to Dattaraj, during the “pooja” arranged by the parents of Savita, to celebrate the installation of a bore-well.

3. After Dattaraj returned from Dubai, Savita became pregnant. She left for her maternal house, prior to her delivery. She delivered a girl child, at her parents’ house. Thereafter, she returned to her matrimonial house.

4. On yet another occasion, while Savita along with Dattaraj (respondent-accused no. 1) had gone to stay with her parents, it was alleged, that Dattaraj had made similar monetary demands. On this occasion, Savita’s parents had expressed their helplessness, and had informed Dattaraj, that they did not have adequate resources to meet his demands. It was also alleged, that on this occasion, Dattaraj had picked up a quarrel with the parents of Savita. It was alleged, that when Savita returned to her matrimonial house with Dattaraj, she was taunted by the brother of Dattaraj, namely, by Siddappa @ Siddaraj (respondent-accused no. 3), as also by Ningesh (respondent-accused no. 2) and Revamma (respondent-accused no. 4), the father and mother of respondent-accused no. 1 respectively, for bringing inadequate gifts from her parents’ house.

5. Savita went to her parents’ house for “Rakhi Poornima” (festival to celebrate sanctity of the brother-sister, relationship), to tie a “rakhi” (sacred thread) on her brother’s arm. It was alleged, that Dattaraj demanded a sewing machine. This demand made by Dattaraj was allegedly met by the parents of Savita. This is yet another incident of the alleged demand of dowry, made by Dattaraj and his family members.

6. The case of the prosecution is, that despite the fact that the parents of Savita met all the demands made by Dattaraj, as well as, his family members, they remained unsatisfied and continued to pressurise Savita’s family for more dowry. It is also the case of the prosecution, that Dattaraj used to harass and ill-treat Savita, and would even assault her.

7. On 1.9.2006, Savita died of burn injuries. The mother of Savita, Tukkubai – PW-1, was informed about the burn injuries suffered by Savita, on 1.9.2006 itself. She was also informed, that Savita, had been admitted to hospital. When Tukkubai – PW-1 reached the hospital along with her son Dattatry – PW-4