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IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
Sanjay Kumar Jaiswal, J.
Ashok Kumar Satnami, S/o Shivra - Appellant
Vs.
The State of M.P. (Now Chhattisgarh) - Respondent
CRA No. 2557 of 2000
Decided On : 16-04-2024
Dowry Death - Criminal Appeal - Section 304-B of IPC - [304-B] - The court discussed the relevant provisions of Section 304-B of the IPC and the case law of Baijnath and others v. State of Madhya Pradesh, highlighting the elements of dowry death and the statutory presumption under Section 113-B. The court emphasized the need for the prosecution to establish cruelty or harassment for dowry soon before the death, and the failure to prove this led to the acquittal of the appellants.
Fact of the Case:
The case involved the death of Pushpa Bai under suspicious circumstances within one year of her marriage, with the appellants being convicted for the offence under Section 304-B of the IPC. The prosecution alleged harassment for dowry leading to the suicide of Pushpa Bai.
Finding of the Court:
The court analyzed the evidence and found that the prosecution failed to prove that Pushpa Bai was tortured for dowry soon before her death, as required under Section 304-B of the IPC. Consequently, the court set aside the judgment of conviction and acquitted the appellants.
Issues: The key issue was whether the prosecution had established the elements of dowry death, specifically the harassment for dowry soon before the death of Pushpa Bai.
Ratio Decidendi: The court emphasized the need for the prosecution to prove cruelty or harassment for dowry soon before the death, as mandated by Section 304-B of the IPC and the statutory presumption under Section 113-B. The failure to establish this crucial element led to the acquittal of the appellants.
Final Decision: The judgment of conviction and order of sentence passed by the trial Court against the appellants under Section 304-B of the Indian Penal Code was set aside, and the appellants were acquitted of said offence.
CAV JUDGMENT :
1. This criminal appeal filed by the appellants under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 25-09-2000, passed by 2nd Additional Sessions Judge, Balodabazar, Dist: Raipur (C.G.) in Sessions Trial No.429/1999, whereby the appellants have been convicted for offence under Section 304-B of the IPC and sentenced them to undergo R.I. for 10 years to each of the appellants.
2. Facts of the case in brief is that Pushpa Bai, who was resident of village Bilari, had married to the appellant No.1- Ashok in the month of March-April, 1999. Father of Ashok is appellant No.2-Shivram and appellant No.3-Ratiram is brother-in-law of Ashok. In furtherance of common intention, they harassed Pushpa Bai by demanding dowry, as a result of which Pushpa Bai committed suicide by set her ablaze by pouring kerosene upon her. Thus, within one year of marriage, Pushpa Bai died under suspicious circumstances.
3. Further case of prosecution is that after the marriage, during bidai, after seeing the things kept in the tractor, given by the parents of Pushpa Bai, appellant No.3- Ratiram tumbled the things by stating that the things were not good. When Pushpa Bai came to her parents' home for the first time after marriage, she told her family members that she was being harassed on account of demand of dowry. After staying at her maternal home for 2 days, appellant Ashok Kumar Satnami took her back to her in-laws house. When the parents of Pushpa Bai called her after 02 months to come to her maternal home, then appellant refused to send Pushpa Bai to her maternal home and as a result of torture and harassment, Pushpa Bai committed suicide by setting her ablaze by pouring kerosene upon her on 17/07/1999, due to which she died. Appellant No.2-Shivram gave information about her death to village Kotwar-Mangturam (PW-1), then he informed the police, thereafter, merg intimation was recorded vide Ex.P-1. Panchnama of dead body was conducted. Dr. Narayan Singh (PW-5) examined the dead body of deceased and submitted its report vide Ex.P-5, in which, he stated that there were no injury mark on the body, but there were burns to the depth of skin. Most of her hair on the forehead and ears were burnt. Carbon particles were also found in his throat and on that basis, doctor opined that cause of death was due to shock and suffocation by burns, which was of suicidal nature. Statements of witnesses have been recorded by the police. Spot map was prepared and it was found that Pushpa Bai was harassed on account of demand of dowry, due to which she died otherwise than under normal circumstance. After investigation, charge-sheet was filed against the appellants.
4. During the course of trial, in order to bring home the offence, the prosecution has examined as many as 12 witnesses and exhibited 15 documents. Statements of the appellants were recorded under Section 313 of Cr.P.C. in which they denied circumstances appearing against them in prosecution case, pleaded innocence and false implication. In defence, the appellants examined Jabbar Khan (DW-1), Banshi Lal (DW-2) and Narayan Prasad (DW-3) by which, at the time of marriage of Pushpa Bai and Ashok Kumar Satnami, appellant No.3-Ratiram was not present.
5. After conclusion of the trial, the trial Court, by impugned judgment dated 25-09-2000, on appreciation of the oral and documentary evidence available on record, has convicted the appellants for the offence punishable under Section 304-B of the IPC and sentenced them as mentioned herein-above, against which, the present appeal has been filed by the appellants calling in question the legality, validity and correctness of the impugned judgment.
6. Learned counsel for the appellants submit that no demand for dowry were made by the appellants. The prosecution witnesses have admitted the fact that nothing has been demanded as dowry at the time of engagement. The prosecution has not produced any evidence to
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....
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....
Dowry death – Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused under Section 304B and 498A of IPC.
The burden lies on the prosecution to establish the ingredients of Sec. 304-B, and once proved, the presumption under Sec. 113-B comes into play. The accused can then attempt to displace the deemed c....
To convict under Section 304B IPC, evidence of specific instances of cruelty or harassment connected with dowry demands must be established; otherwise, lesser offences may be considered.
The judgment established the need for a proximate and live link between dowry harassment and the woman's death, and emphasized the statutory presumption of dowry death under Section 113-B of the Evid....
The prosecution must establish all ingredients of Section 304B IPC, including demand for dowry soon before death, to invoke presumption of guilt under Section 113B of the Evidence Act.
Dowry death and cruelty – For attracting Section 113-B of Evidence Act, prosecution must establish that deceased was subjected by appellant to cruelty or harassment for or in connection with any dema....
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