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ARAVIND KUMAR, N. V. ANJARIA
Bhagwati Devi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
ARAVIND KUMAR, J.
1. The Appellant herein who has been convicted for the offence punishable under Section 498-A of IPC is assailing the judgment rendered by the High Court of Uttarakhand at Nainital in Criminal Appeal No.174 of 2003 on 10.04.2014.
2. The son of the Appellant – Sh. Sanjay Mishra married Smt. Chandra Devi, the daughter of the complainant – Dharmanand Joshi (PW1) according to Hindu customs and rites about a year prior to her death on 15.06.2001. PW-1 presented a complaint before Bagwshwar (P.S.) on 16.06.2001 alleging that his daughter was found dead inside the matrimonial home and only the accused persons were present in the house. It was also stated in the complaint that the daughter of PW-1 had committed suicide by hanging herself. However, he is said to have seen the wounds on his daughter’s body during examination and he along with the Patwari saw blood along with water oozing out from the mouth of his daughter. It was further alleged that she was pregnant at the time of her death and further stated that deceased used to inform that her mother-in- law was commenting on her sarcastically for dowry. Hence, expressing doubt about her death and his daughter hav
Cruelty – It has to be established that woman had been subjected to cruelty continuously/ persistently or at least in close proximity of time of lodging of complaint.
The prosecution must establish beyond reasonable doubt that the act constitutes 'cruelty' as defined by the statute under Section 498A IPC.
To secure conviction under Section 304(B) and 498(A) IPC, specific overt acts of cruelty must be established against the accused; mere familial relations are insufficient.
Cruelty under Section 498A IPC is defined independently of any dowry demand; physical and mental abuse constitute sufficient grounds for charges under this section.
Conviction under Section 498-A IPC cannot stand on hearsay evidence alone; direct proof of sustained cruelty or harassment is essential.
The absence of proximate evidence of harassment for dowry before the death of the deceased invalidated a conviction under Section 304B IPC.
For a conviction under Section 498-A IPC, credible evidence of cruelty or unlawful demand must be established, otherwise the charge is unsustainable.
(1) In order to presume dowry death, it is a condition precedent that there must be unimpeachable evidence in relation to dowry demand.(2) Cruelty and dowry death – Something more than mere suspicion....
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