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2015 Supreme(Pat) 1236
IN THE HIGH COURT OF JUDICATURE AT PATNA
GOPAL PRASAD, J.
Sriniwas Manjhi - Appellants
Versus
The State of Bihar - Respondent
Criminal Appeal (SJ) No.355 of 2013
Decided On : 05-10-2015
For the Appellants :Mr. Uday Pratap Singh, Advocate
For the Respondents:Mrs. Abha Singh, Advocate
The central legal point established in the judgment is the interpretation and application of the term 'soon before her death' in proving the offense of 'dowry death' under Section 304-B of the Indian Penal Code.
Headnote:
DOWRY DEATH - Indian Penal Code - Section 304-B - Summary of the acts and sections referenced and discussed by the court: The court discussed the prosecution case under Section 304-B of the Indian Penal Code, which defines 'dowry death' and establishes the criteria for proving the offense. The court highlighted the significance of establishing a nexus between the death and subjecting cruelty or harassment in connection with the demand for dowry, emphasizing the importance of the term 'soon before her death' and its interpretation in various pronouncements.
Fact of the Case:
The victim, Suman Devi, was allegedly subjected to cruelty and demand for dowry by her husband and in-laws, leading to her death by poisoning. The prosecution presented evidence of demand and subjecting cruelty, while the defense contested the establishment of cruelty soon before the victim's death.
Finding of the Court:
The court found that the prosecution established the victim's subjection to cruelty in connection with the demand for dowry soon before her death, meeting the criteria for the offense under Section 304-B of the Indian Penal Code.
Issues: The key issues revolved around proving the victim's subjection to cruelty soon before her death and establishing a nexus between the cruelty and the demand for dowry, as required under Section 304-B of the Indian Penal Code.
Ratio Decidendi: The court emphasized the importance of establishing a correlation and nexus between the death and subjecting cruelty or harassment in relation to the demand for dowry, interpreting the term 'soon before her death' and its significance in proving the offense under Section 304-B.
Final Decision: The trial court's conviction and sentence of the appellants under Section 304-B of the Indian Penal Code were confirmed, and the appeal was dismissed.
Heard both the parties.
2. The appellants have been convicted under Section 304-B/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.
3. The prosecution case as alleged in the written report of Sunil Kumar Paswan, the brother of the victim Suman Devi is that she was married on 18.06.2010 at village-Kabirpur with the appellant-Sriniwas Manjhi. It is further alleged that at the time of marriage a cash of Rs. 20,000/- , two sets of utensils, clothes and eight sets of silver jewelleries was given. The further case is that after marriage Bidai of the victim took place and she went to Sasural and remained there for about ten days and after ten days her husband Sriniwas Manjhi and his Bhaisur Shivdeo Manjhi started a demand of motorcycle and the victim was subjected to cruelty for non-fulfillment of demand of motorcycle. It is further alleged that wife of Shivdeo Manjhi used to call her with bad name and vexed her alleging that she belongs to a destitute family and her father did not give motorcycle till date. The further case is that the victim Suman Devi used to disclose to the informant and his father about the ill-treatment. The further case is that informant went to the Sasural of the victim and made an honest request to Sriniwas Manjhi and his brother Shivdeo Manjhi that he will pay the amount whenever he will be able to arrange the money and he himself will come to pay the same. It is further alleged that even then the victim was being subjected to cruelty and assaulted and on 06.07.2010 at about 9 P.M. he received an information from his sister (the victim) on Mobile that in the night, her husband, Bhaisur and Gotini will not spare her and she has heard that they will kill her by poisoning. On the said information, the informant on 07.07.2010 proceeded to the Sasural of his sister at village-Kabirpur and reached there at about 8 A.M. and saw that his sister is lying in unconscious state. The inmates of the house have disclosed that she has become unconscious due to epilepsy, whereas the fact is that the victim was not suffering from epilepsy and they did not take her to hospital. Thereafter, it is alleged that while he was taking the victim to hospital, she died in the way and hence it is claimed that all the three accused persons has killed the victim by poisoning her for non-fulfillment of the demand of dowry.
4. On the written report of the informant, a First Information Report was lodged bearing Mohammad Pur P.S. Case No. 68 of 2010 dated 07.07.2010. During investigation, the post mortem was conducted, statement of the witnesses was recorded and viscera were sent to the Forensic Science Laboratory for examination. A report has been received regarding the poisoning that the death has been caused by using thimate commonly used in agriculture for killing pests and is highly poisonous.
5. The Police after investigation submitted chargesheet, cognizance taken and the case was committed to the court of sessions. After commitment, charge was framed under Section 304B/34 of the Indian Penal Code and read over, to the accused persons, to which they pleaded not guilty and claimed to be tried.
6. During the trial, seven witnesses were examined by the prosecution. They are P.W.1, Lal Singh, who has deposed that he does not know about the occurrence and has been declared hostile.
7. Similarly P.W. 2, Manan Singh also disclosed that he does not know about the occurrence and also declared hostile and his attention regarding his statement before the Police was drawn that he has stated before the Police that the accused persons murdered the victim for non-fulfillment of the dowry.
8. P.W.3, Ram Sagar Singh has stated that on 07.07.2010 he heard some sound of weeping and then went to the house of Sriniwas Manjhi and saw that Suman Devi was lying unconscious and the blood was oozing out and thereafter while she was being taken to hospital, she died in the way. Though he has disclosed that the victim
