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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
GAUTAM CHOURDIYA, J.
Kapil Barman, S/o. Chhotku Barman and Ors. - Appellants
Versus
State of Chhattisgarh, Through Incharge Station House Officer - Respondent
CRA No. 611 of 2015, CRA No. 628 of 2015
Decided On : 18-10-2021
Criminal Procedure Code,1973 - Section 374(2) and 437A – Indian Penal Code, 1860 - Sections 304-B read with 34 – Offence of Dowry Death - Appeal against Conviction – Held, During life time of deceased, no social meeting was ever convened nor any report/complaint was made by deceased or her family members to police - Even after death of deceased no prompt report was made to police against appellants - Conduct of appellants prior to incident and after incident also does not appear to be suspicious as they timely intimated parents of deceased about death of their daughter and funeral was conducted in their presence - Conviction of appellants under Section 304B read with 34 of IPC cannot be sustained in absence of any evidence to show that deceased committed suicide because of dowry harassment - Conviction of appellants under Section 304B read with 34 of IPC is liable to be set-aside and they are entitled to be acquitted of said charge - Appeals are allowed.
JUDGMENT :
1. Since both these appeals filed under Section 374(2) of Cr.P.C. arise out of the judgment of conviction and order of sentence dated 13.05.2015 passed by the Second Additional Sessions Judge, Bilaspur, District Bilaspur, C.G. in Sessions Trial No.72/2014, they are being disposed by this common judgment. By the impugned judgment, the appellants are convicted and sentenced as under:-
CRA No.611 of 2015
| Conviction | Conviction |
| Appellant No.1 Kapil Barman Appellant No.2 Chhotku Barman Appellant No.3 Smt. Sukhin Bai |
|
| Under Section 304-B read with 34 of Indian Penal Code | Rigorous Imprisonment for seven years and fine of Rs.1,000/-, in default of payment of fine amount to undergo additional R.I. for six months. |
CRA No.628 of 2015
| Conviction | Sentence |
| Appellant-Chhatram Khare |
|
| Under Section 304-B of Indian Penal Code | Rigorous Imprisonment for seven years and fine of Rs.1,000/-, in default of payment of fine amount to undergo additional R.I. for six months. |
2. As per the prosecution case, after the marriage of the appellant Kapil Barman with Vinita Barman (deceased) in the year 2011, she was being harassed and ill-treated by the appellants in connection with demand of Rs.1 lakh, as a result of which she committed suicide by hanging herself on 05.07.2013. On the same day i.e. 05.07.2013, merg intimation (Ex.P-1) was lodged by PW-1 Ramavtar before the police station. After merg inquiry, on 07.10.2013, FIR (Ex.P-10) was registered against the appellants under Sections 304-B read with 34 of IPC. During investigation, inquest was performed over the dead body vide Ex.P-3. Postmortem (Ex.P-12) on the body of the deceased was conducted by PW-12 Dr. Rajendra Maravi who noticed no external or internal injury except the ligature mark over the neck which was antemortem in nature and opined that the cause of death is asphyxia as a result of hanging. Spot maps were prepared vide Exs. P-13 & P-14, certain articles were seized Ex.P-4 and the statements of the witnesses were recorded.
3. After completion of usual investigation, charge-sheet was filed against the appellants under Section 304-B read with 34 of IPC. The trial Court framed charge under Section 304-B read with 34 of IPC, in the alternative Section 302 read with 34 of IPC against the appellants, which was denied by them, they pleaded innocence and prayed for trial.
4. So as to hold the accused persons guilty, the prosecution examined as many as 19 witnesses i.e. PW-1 Ramavtar Suryavasnhi, PW-2 Durga, Prasad, PW-3 Harishankar Pandey, PW-4 Jay Uraon, PW-5 Ram Bai, PW-6 Ramesh Sharma, PW-7 Dharmendra Laxkar, PW-8 Kavita Banjare, PW-9 Uttara Bai, PW- 10 Lakhan Laxkar, PW-11 K.P.S Painkara, PW-12 Dr. Rajendra Maravi, PW-13 Bedilal, PW-14 R.P. Vastrakar, PW-15 Pramod Kumar Bhargav, PW-16 Arun Dubey, PW-17 Virendra Shrivastava, PW-18 Dr. Rajendra Kumar and PW-19 Vijay Pandey. Statements of the accused persons were also recorded under Section 313 of Cr.P.C. in which they denied the incriminating circumstances appearing against them in the prosecution case, pleaded innocence and false implication. However, no witness was examined by them in their defence.
5. The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment convicted and sentenced the appellants as mentioned in para-1 of this judgment.
6. Learned counsel for the appellants submit as under:
- that from the statement of the prosecution witnesses, it is quite clear that there has never been any demand of dowry on the part of the appellants from
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
The court affirmed the conviction under Section 304-B IPC, establishing that the deceased was subjected to cruelty for dowry demands, leading to her suicide, thus satisfying the legal requirements fo....
The central legal point established in the judgment is the requirement for the prosecution to prove cruelty or harassment for dowry soon before the death of the woman in cases of dowry death under Se....
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
The court affirmed that a conviction for dowry death under Section 304-B IPC is established when a woman dies shortly after marriage due to cruelty for dowry demands, while simultaneous conviction un....
The prosecution must establish the commission of the alleged offense beyond all reasonable doubt, and there is a need for unimpeachable evidence in relation to dowry demand and the establishment of a....
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