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2014 Supreme(Del) 2223
High Court of Delhi
INDERMEET KAUR, J.
Krishan Kumar @ Setu & Another
Versus
Govt. of NCT of Delhi
CRL.A. No. 355 of 2006
Decided on: 01-10-2014
For the Appellants:Maninder Singh, Sanjay Chaubey, Aekta Vats, Jaskaran Sibia, Jagmeet Randhawa, Serman Rawat, Dinkar Takiar, Prateek Sisodia, Advocates.
For the Respondent: Ravi Nayak, APP.
The judgment underscores the requirement for specific and credible evidence to prove dowry demands and harassment in cases of dowry death, emphasizing the need to establish a prima facie case before invoking the presumption of guilt.
Headnote:
Indian Penal Code - Dowry Death - Sections 304 B and 498A - Summary
Fact of the Case:
The case involved the appeal against the conviction of two appellants under Sections 304 B and 498A of the Indian Penal Code for the death of the victim due to poisoning. The prosecution alleged dowry demands and harassment leading to the victim's death.
Finding of the Court:
The court found conflicting testimonies and lack of evidence to establish dowry demands and harassment. The court noted discrepancies in witness statements and lack of credible evidence to prove the allegations beyond a reasonable doubt.
Issues: The main issues were the establishment of dowry demands, harassment, and the timing of events leading to the victim's death.
Ratio Decidendi: The court emphasized the need for specific and credible evidence to prove dowry demands and harassment in cases of dowry death. The court highlighted the importance of establishing a prima facie case before invoking the presumption of guilt.
Final Decision: The court granted the benefit of doubt to the accused persons and acquitted them, citing lack of credible evidence to establish the allegations.
Indermeet Kaur, J.
1. This appeal is directed against the impugned judgment and order of sentence dated 19.4.2006 and 28.4.2006 respectively wherein the two appellants Krishan Kumar @ Setu (husband of the victim) and Omwati @ Budho (elder sister-in-law of the victim) had been convicted under Sections 304 B and 498A of the Indian Penal Code, 1860 (IPC); each of them had been sentenced to undergo RI for 10 years for their conviction under Section 304B of the IPC and to pay a fine of Rs.10,000/-, in default, to undergo RI for 1 year; for the offence under Section 498A of the IPC each of them had been sentenced to undergo RI for 3 years and to pay a fine of Rs.5000/-, in default, to undergo RI for 6 months. Out of the recovered fine Rs.25,000/- had been directed to be paid to the heirs of the victim.
2. Nominal rolls of the appellants reflect that as on date when they were granted bail appellant Krishan Kumar had suffered incarceration of 3½ months and appellant Omwati had suffered incarceration of about 2 years and 2 months.
3. Record discloses that Krishan Kumar had married the deceased Babita @ Bobby on 06.3.1995. They lived at their matrimonial home at F-767, Ganesh Nagar, Shakarpur, Delhi. The victim had died an unnatural death on 30.6.1997. This was after 2 years and 3 months of their marriage. The victim had first been taken to Walia Nursing Home on 29.6.1997 in unconscious condition. She could not be given adequate medical attention in the private nursing home and she was referred to the LNJP Hospital. She was declared dead on 30.6.1997. Cause of death was poisoning because of phosphate sulfite.
4. FIR was registered on the statement of the mother of the victim Vimla Devi (PW-1). She had given her first statement to the SDM on 01.7.1997 followed by two other supplementary statements, dated 17.7.1997 and 14.10.1997. Her version was that she had got her daughter married according to Hindu rites and had spent lavishly on the marriage; Rs.2,50,000/- had been given in cash besides other dowry articles. For the first 2-3 months of her marriage PW-1 did not hear any complaint from her daughter but thereafter her husband and in-laws started beating her for bringing insufficient dowry. She visited her parental home for the first time 2 to 3 months after her marriage. Thereafter she returned to her matrimonial home but again came to her parental home at which time she was pregnant. She gave birth to a female child on 26.3.1996 while she was at her parental home. Out of 2 years and 3 months of her married life she spent about 1½ years in her parents’ home. She returned to her matrimonial home in December, 1996. She succumbed to her death on 30.6.1997. This narration of PW-1 was corroborated by the statement of her son Kuldeep (PW-17). He had also given three statements before the SDM i.e. on 01.7.1997 17.7.1997 and 14.10.1997. The third close relative of the family was Madan Pal, the maternal uncle of the victim, examined as PW-24. His statement was also recorded by the SDM. He was a resident of Bulandsahar. The SDM Mr.Vinay Kumar was examined as PW-20. He had prepared the inquest report Ex.PW-20/B. Admittedly, the victim had first been removed to the Walia Nursing Home from where she had been shifted to LNJP Hospital. Paras Ram, the driver of the ambulance of Walia Nursing Home (who had shifted the victim to the LNJP Hospital) was examined as PW-19. Another close relation of the victim i.e. her brother-in-law Dinesh Kumar was examined as PW-15. Om Pal (PW-14) and Braham Dev Sharma (PW-16) were also known to the family and had also been examined. The post mortem on the dead body was conducted by Dr.K.Goyal (PW-5). No external injury was noted upon the body of the victim but the cause of death was not given as the gastric lavage of the victim had been sent for scientific analysis which was examined by Sh.K.Chaudhary, the Technical Officer at the FSL Patna. He was examined as PW-18 and as per his opinion the gastric lavage whe
