IMPORTANT POINTS
(1) Dowry death – “Soon before” cannot be interpreted to mean “immediately before”, rather prosecution has to show that there existed a “proximate and live link” between cruelty and consequential death of victim.
(2) Offences under Section 498-A and Section 304-B, IPC are distinct in nature. If a case is made out, there can be conviction under both sections.

JUDGMENT :

N.V. RAMANA, CJI.

1. The present appeal arises out of the impugned judgment dated 15.03.2010 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 2298-SB of 2009, wherein the High Court dismissed the appeal preferred by the appellant herein and upheld the order of the Trial Court convicting him under Section 304-B, IPC and sentencing him to undergo rigorous imprisonment for seven years and a fine of Rs.5000/-.

2. The facts as per the prosecution are as follows: the deceased, daughter of the complainant was engaged to the appellant in 2004. Subsequent to the engagement, the complainant left for Abu Dhabi in April, 2004 and in his absence the marriage between the appellant and the deceased was solemnized on 23.11.2004. In 2006, a child was born out of the wedlock. When the complainant returned from abroad in 2007, the deceased informed him that the mother-in-law, father-in-law and the appellant-husband used to physically assault her pursuant to the demand of dowry. Allegedly, the complainant gave a gold chain to the accused persons. The complainant thereafter went abroad and returned to India on 21.07.2008. The deceased further disclosed that her in-laws were demanding money for the purchase of a car. However, this time, the complainant failed to fulfill the demand.

3. On 08.08.2008, the father-in-law of the deceased informed the complainant that the deceased has consumed poison and lost her consciousness and was being taken to the hospital. Upon reaching the hospital, the complainant found his daughter to be unconscious. Later that day she died.

4. The Trial Court, vide order dated 03.09.2009 convicted the appellant-husband, father-in-law and mother-in-law for the offence under Section 304-B and sentenced them to undergo rigorous imprisonment for seven years each and a fine of Rs.5000/- each. In default of payment of fine, the accused persons were directed to undergo rigorous imprisonment for one year each.

5. Aggrieved, the accused persons approached the High Court in appeal. Vide impugned judgment dated 15.03.2010, the High Court acquitted the father-in-law and the mother-in-law, but upheld the order of conviction and sentence passed against the accused-appellant. Challenging the aforesaid judgment of the High Court, the accused-appellant has approached this Court.

6. The counsel appearing on behalf of the accused-appellant argued that the Courts below have, as a matter of routine, applied the presumption u/s 113B of Evidence Act in the instant case wherein even the basic and essential ingredient of Section 304-B, IPC are not satisfied. It was submitted that just because the death of the deceased occurred within seven years of marriage, by no stretch of imagination can it be said that the deceased soon before her death was subjected to cruelty in connection with the demand of dowry. The fact that the deceased was happy with the appellant is clearly evident as she lived with him and bore his child, and never mentioned any harassment or cruelty being meted out by the appellant. Furthermore, the gifts received by the appellant-husband were voluntarily given by the complainant and his family. Lastly, without any charges under Section 498A, IPC a conviction under Section 304-B, IPC cannot be sustained.

7. On the contrary, the counsel on behalf of the State argued that it was undeniable that the death in the present case has occurred within four years of marriage, under suspicious circumstances i.e., due to poisoning. Moreover, fifteen days before the incident, the deceased had specifically told her father about the latest demand of money for the purchase of a car. Lastly, it was established before the Courts below that the accused had forged the medical records of his mother-in-law to show cordial relationship between the two families. Therefore, owing to all the aforesaid circumstances, the presumption under Section 113B, Evidence Act operates against the accused-husband, which has not been rebut