Back
2004(2) Crimes 9 (SC)
Supreme Court of India
(From Andhra Pradesh High Court)
Doraiswamy Raju & Arijit Pasayat, JJ.
The State of Andhra Pradesh —Appellant
versus
Raj Gopal Asawa & Anr. —Respondents
Criminal Appeal No. 384 of 1998
Decided on 17-3-2004
Held : The offence alleged against the respondents is under Section 304-B IPC which makes “demand of dowry” itself punishable. Demand neither conceives nor would conceive of any agreement. If for convicting any offender, agreement for dowry is to be proved, hardly any offenders would come under the clutches of law. When Section 304-B refers to “demand of dowry”, it refers to the demand of property or valuable security as referred to in the definition of “dowry” under the Act. The argument that there is no demand of dowry, in the present case, has no force. In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of such evidence. That could be either direct or indirect. It is significant that Section 4 of the Act, was also amended by means of Act 63 of 1984, under which it is an offence to demand dowry directly or indirectly from the parents or other relatives or guardian of a bride. The word “agreement” referred to in Section 2 has to be inferred on the facts and circumstances of each case. The interpretation that the respondents seek, that conviction can only be if there is agreement for dowry, is misconceived. This would be contrary to the mandate and object of the Act. “Dowry” definition is to be interpreted with the other provisions of the Act including Section 3, which refers to giving or taking dowry and Section 4 which deals with a penalty for demanding dowry, under the Act and the IPC. This makes it clear that even demand of dowry on other ingredients being satisfied is punishable. It is not always necessary that there be any agreement for dowry. (Para 8)
(ii) Indian Penal Code, 1860—Section 304B—Evidence Act, 1872—Section 113-B—Dowry death—One of the essential ingredients is that concerned woman must have been subjected to cruelty “soon before her death”, “for or in connection with demand of dowry”—Expression “soon before” was a relative term and would depend upon circumstances of each case—There must be existence of a proximate and live link between effect of cruelty based on dowry demand and concerned death.
Held : A conjoint reading of Section 113-B of the Evidence Act and Section 304-B IPC shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. Prosecution has to rule out the possibility of a natural or accidental death so as to bring it within the purview of the ‘death occurring otherwise than in normal circumstances’. The expression ‘soon before’ is very relevant where Section 113-B of the Evidence Act and Section 304-B IPC are pressed into service. Prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates. Evidence in that regard has to be led by prosecution. ‘Soon before’ is a relative term and it would depend upon circumstances of each case and no strait-jacket formula can be laid down as to what would constitute a period of soon before the occurrence. It would be hazardous to indicate any fixed period, and that brings in the importance of a proximity test both for the proof of an offence of dowry death as well as for raising a presumption under Section 113-B of the Evidence Act. The expression ‘soon before her death’ used in the substantive Section 304-B IPC and Section 113-B of the Evidence Act is present with the idea of proximity test. No definite period has been indicated and the expression ‘soon before’ is not defined. A reference to expression ‘soon before’ used in Section 114. Illustration (a) of the Evidence Act is relevant. It lays down that a Court may presume that a man who is in the possession of goods ‘soon after the theft, is either the thief has received the goods knowing them to be stolen, unless he can account for his possession. The determination of the period which can come within the term ‘soon before’ is left to be determined by the Courts, depending upon facts and circumstances of each case. Suffice, however, to indicate that the expression ‘soon before’ would normally imply that the interval should not be much between the concerned cruelty or harassment and the death in question. There must be existence of a proximate and live-link between the effect of cruelty based on dowry demand and the concerned death. If alleged incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of the woman concerned, it would be of no consequence. (Para 10)
Result : Appeal allowed partly.
Judgment
Arijit Pasayat, J.—The State of Andhra Pradesh has questioned legality of the judgment rendered by a Division Bench of the Andhra Pradesh High Court holding respondents to be not guilty of the alleged offences for which the Trial Court had convicted them i.e. offences punishable under Section 304B and Section 498A of the Indian Penal Code 1860 (for short ‘the IPC’). Three persons faced trial relating to the alleged suicidal death of one Mangala (hereinafter referred to as ‘the deceased’). A-3 was her husband, while A-1 and A-2 were her brother-in-law and mother-in-law respectively. During the pendency of the appeal before the High Court, A-2 expired and the appeal was held to be abated so far she was concerned.
2. Accusations which led to the trial Court were as follows :
The deceased and A-3 were married on 6.7.1989. Admittedly, the accused committed suicide at about 11.30 a.m. on the date of occurrence i.e. 2.4.1990. The accused persons took her to the hospital where she was declared to be dead. The Inspector of Police sent a complaint to the SHO to register a case. FIR was registered and investigation was undertaken. On completion of investigation, charge sheet was placed and the accused persons faced trial. They pleaded innocence. To further the prosecution version 10 witnesses were examined while to substantiate its plea of innocence, accused persons examined 12 witnesses. The Trial Court found that the evidence of PWs 2, 3, 4 and 6 about the demand of dowry made by A-1 and A-2 was cogent and credible. A-3 was held guilty as he extended tacit support, albeit indirectly. Placing reliance on the evidence of PWs 2, 3, 4 and 6 it was held that the demand of dowry has been clearly established. Though it was noticed that there was no direct evidence of A-3, the husband making any demand of dowry, his silence was construed to be an act of endorsing the demand and he was, as noted above, held guilty.
3. In the appeal before the High Court the primary stand taken was that there was no evidence to show about any agreement or demand for payment of dowry before the marriage. Even if any subsequent demand was made as alleged, that cannot bring in application of Section 304B IPC. It was further submitted that no grievance has been ever made before DW-1, the eldest member of the family of the accused persons about the alleged demand. It was the case of PWs 2, 3, 4 and 6 that any demand was made before the marriage. The High Court by the impugned judgment held that on the grounds urged by the accused persons, conviction cannot be maintained. With reference to a decision of the Andhra Pradesh High Court in Ayyala Rambabu v. State of Andhra Pradesh [1993 (1) ALT (Crl.) 73] it was held that to constitute “dowry”, the demand should be made directly or indirectly, either at the time of marriage, or before the marriage or at any time after the marriage in connection with the marriage of the parties. If there was no agreement between the parties to give or take any property or valuable security or where the property or valuable security has been given or taken but thereafter further amounts are demanded after the marriage, such demands will not fall within the meaning of dowry. So far as A-3 is concerned, it was held that there was no evidence of his having ever demanded dowry.
4. Mr. G. Prabhakar, learned counsel for the State submitted that the legal position has not been properly appreciated by the High Court. The view taken that subsequent demand does not constitute dowry is clearly untenable. Further, the conclusion that the demand of dowry has not been established merely because no grievance was made before the father-in-law (DW-1) cannot be a ground to discard the credible evidence of PWs 2, 3, 4 and 6.
5. In response, learned counsel for the accused-respondents submitted that the view taken by the High Court both on the interpretation of the term “dowry” and the factual aspects is correct. Further in order to attract applicatio
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
