SUPREME COURT OF INDIA
Sudhansu Jyoti Mukhopadhaya, S.A. Bobde, JJ.
Bijender and others - Appellants
Versus
State of Haryana - Respondent
Criminal Appeal No. 39 of 2011
Decided On : 16-10-2014
Indian Penal Code,1860 - Section 498-A and 304-B and 201 – Criminal Procedure Code,1973 - Section 313 - Complainant gave dowry - Appeal against conviction – Examination of accused - - Complainant father of deceased - lodged a report with the Police Station stating therein that daughter - was married with accused in the year 1990 and on the same date, his another daughter was also married with accused brother of co- gave birth to two children whereas has no issue - Complainant gave dowry more than his capacity but both as well as their mother maltreated both and used to taunt them for bringing less dowry - Accused made demands from time to time and about 2 years prior to occurrence of the said event, they both demanded purchasing a tempo and on account of his helplessness to pay such amount – Held, There is no specific allegation made by any of the aforesaid witnesses about harassment of with coerce her or any person related to her to meet any unlawful demand - If two brothers asked for purchase of tempo, in absence of corroborating evidence, it cannot be concluded that such demand was unlawful - Course, many times one relation may ask for some loan other relation for purchase of vehicle or property. In the present case there is no allegation that due to non-payment of the amount two years back deceased was harassed by the accused. In absence of any specific evidence to prosecute under Section 498A IPC – Court accused appellants are entitled for benefit of doubt as prosecution failed to prove charge beyond all reasonable doubt – Court have no other option, but to set aside judgment passed by the Additional District Judge in Sessions - Appeal is allowed
ORDER :
This appeal has been preferred by appellants - Brother-in-law, Sister-in-law and Mother-in-law of the deceased against judgment dated 25th May, 2010 passed by the Punjab and Haryana High Court at Chandigarh in Criminal Appeal No. 525-SB of 1999. By the impugned judgment, the High Court dismissed the appeal preferred by the appellants and affirmed the conviction and sentence passed by the trial Court for the offence under Section 498-A and 304-B and 201 of the Indian Penal Code.
2. The case of the prosecution is as follows :
3. To prove the case, prosecution placed 11 witnesses; a number of exhibits were also produced. The defence in support of their case produced 10 witnesses, a number of exhibits including out door patient prescription slips of Bimala Exb. DG, prescription slips Exb. DH and Exh. DI etc.
4. The accused in their statement under Section 313 Cr.P.C. pleaded their innocence.
5. The Trial Court after going through the evidence on record convicted the accused/appellants as noticed above.
6. Being aggrieved, the appellants and another accused - Ajit preferred appeal before the High Court. Learned Single Judge of the High Court mainly relying on statement of PW-8 Ramphal, PW-4 Guddi, PW-7 Surant Singh and PW-6 Dhoop Singh held the charges proved, dismissed the appeal and upheld the finding of the trial court.
7. The main plea taken by learned counsel for the appellants is that the prosecution failed to prove the basic ingredients, namely, (i) the death of the deceased was caused by burn or bodily injury or occurred otherwise than under normal circumstances and (ii) soon before her death the deceased has been subjected to cruelty or harassment by any of the accused for, or in connection with, any demand of dowry.
8. Per contra, learned counsel for the respondent, in view of the statement of the witnesses, namely PW-4, PW-8, PW-6 and PW-7, the Trial Court and the High Court rightly held that the accused committed dowry death and they committed harassment.
9. We have heard the parties and perused the record.
10. PW-8-Ram Phal-complainant and the father of the deceased-Bimala in his dep
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.