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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY, J.
Bishnu Kumar Gupta and Others – Appellants
Versus
The State of West Bengal – Respondent
C.R.A. No. 171 of 2003
Decided On : 18-07-2024
Criminal - Dowry Death - IPC Sections 498A, 304B - The court discussed the legal provisions regarding dowry death and cruelty, emphasizing the need for specific evidence of harassment and the importance of the presumption under Section 113B of the Evidence Act.
Fact of the Case:
The victim's family alleged that the accused demanded dowry and subjected the victim to torture, leading to her death by burns. The prosecution claimed this constituted dowry death under IPC Sections 498A and 304B.
Finding of the Court:
The court found that the prosecution failed to provide specific evidence of continuous cruelty or harassment by the accused, leading to the victim's death, and thus the charges could not be substantiated.
Issues: Whether the accused were guilty of dowry death and cruelty under IPC Sections 498A and 304B based on the evidence presented.
Ratio Decidendi: The court held that general and omnibus allegations without specific evidence of continuous cruelty or harassment do not meet the legal requirements for conviction under the relevant sections.
Result: The appeal is dismissed.
JUDGMENT :
ANANYA BANDYOPADHYAY, J.
1. This appeal is preferred against the order and judgment passed on 02.05.2003 by the 1st Additional District and Sessions Judge, Chinsura, Hooghly, being Sessions Trial Case No. 131 of 1997 whereas the Learned Court convicted the accused persons and sentenced the same under Section 498A of the Indian Penal Code to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.1,000/- each, in default, to suffer rigorous imprisonment for 6 months and also convicted the appellants under Section 304B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for a further period of one (1) year. Both the sentences to run concurrently.
2. The prosecution case precisely stated on 14.11.1993 the de facto complainant Smt. Lakshmi Debi lodged a complaint at Uttarpara Police Station, inter alia, stating that her daughter Rina Rani Saha married Bishnu Prasad Gupta, the appellant on 22nd day of May, 1993. At the time of marriage the mother-in-law of the victim Rina demanded a sum of Rs.25,000/-, 20 bhoris of gold and one scooter for his son Bishnu Prasad Gupta.
3. The complainant paid a sum of Rs.5,000/- and 15 bhoris of gold and thereafter on Rakhi Purnima Day without intimating her husband, she paid a sum of Rs.10,000/- and one gold ring to her son-in-law.
4. In spite of conceding to the demand, the accused Bishnu Prasad and his parents, brothers and sisters inflicted torture upon her daughter Rina and demanded an additional sum of Rs.10,000/- and a scooter.
5. On 14.11.1993 Deo Nandan Saha, the father of the victim, went to the house of Rina in the morning and learnt from the assembled people that her daughter sustained burn injuries and was admitted at Uttarpara Hospital. Being informed over telephone the complainant arrived at the hospital and witnessed the dead body of her daughter.
6. The accused persons demanded excessive dowry from her daughter and being incapacitated to fulfil the same, her husband and other in-laws inflicted physical and mental torture upon the daughter causing her death.
7. Based on the complaint, Uttarpara P.S. Case No. 216/93 dated 14.11.1993 under Section 304B of the Indian Penal Code was initiated.
8. After completion of investigation, the Investigating Officer submitted charge-sheet against the accused persons under Sections 498A/304B of Indian Penal Code.
9. Charges were read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried.
10. The prosecution examined as many as 19 witnesses and exhibited certain documents. The defence adduced one D.W. in support of their defence.
11. Considered the arguments of the Learned Amicus Curiae as narrated in the written notes.
12. The Learned Advocate for the State submitted that the element of torture inflicted upon the victim and subsequent demand of dowry as reflected in the complaint was corroborated by the evidence of PW-1, PW-2 and other related witnesses. The inquest report in Column No. 8 mentioned the demand of dowry in respect of excess money and scooter by the husband of the deceased and the other members of the matrimonial household. The torture led to the death of the victim. The Learned Advocate for the State further stated that the provision under Section 313 of the Criminal Procedure Code was not properly complied with and the same was sketchy.
13. The prosecution witnesses exceedingly comprised the relatives of the victim.
14. PW-1 and PW-2 were the mother and father of the victim respectively. PW-3, PW-4, PW-5 and PW-7 were her paternal relatives.
15. The aforesaid prosecution witnesses deposed in unison the narrative of the complaint emphasizing the demand of balance of dowry including a sum of Rs.10,000/- and a scooter. The provision of the same being refused resulted in the torture being inflicted upon the victim with denial of food resorting her to starvation.
16. The aforesai
The court established that specific evidence of continuous cruelty or harassment is essential to substantiate charges of dowry death and cruelty under IPC Sections 498A and 304B.
(1) Cruelty and dowry death – Requirements of proof beyond reasonable doubt in a criminal trial does not stand altered even after introduction of Section 498A or 304B of IPC or 113B in Evidence Act.(....
The court ruled that to establish dowry death under Section 304B IPC, the prosecution must show cruelty for dowry was inflicted soon before the victim's death, with a clear link between the two.
The court determined that inadequate compliance with Section 313 of the Cr.P.C. during trial prejudiced the accused, necessitating a remand for reconsideration under proper procedural safeguards.
Clear evidence of cruelty and a direct causal link to the suicide are essential for conviction under Sections 498(A), 304(B), and 306 of the IPC.
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