Back
2014 Supreme(Raj) 1931
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.K.Ranka, JJ.
Rukmani Devi and others - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 964 of 2004.
Decided On : 12-11-2014
For the Appellants:Mr. S.R. Surana, Sr. Counsel with Mr. Abhishek Bhargava, Advocate.
For the State: Mr. N.S. Dhakad, PP.
The court clarified the scope and application of the presumption under Section 106 of the Indian Evidence Act in cases of bride burning, emphasizing the importance of considering the special knowledge of the accused in such cases.
Headnote:
CRIMINAL APPEAL - SECTION 302/34, 201/34 AND 498-A IPC - MURDER, DESTRUCTION OF EVIDENCE AND CRUELTY - CONVICTION AND SENTENCE - APPEAL - PARTIAL ALLOWANCE - SECTION 106 INDIAN EVIDENCE ACT - PRESUMPTION - BURDEN OF PROOF - STATEMENT UNDER SECTION 313 CR.P.C. - USE IN EVIDENCE - INTERPRETATION.
Fact of the Case:
Dropadi, the deceased, died due to burn injuries sustained from kerosene oil being poured on her in her matrimonial home. The appellants, her husband, in-laws, and brother-in-law, were charged with murder, destruction of evidence, and cruelty. The trial court convicted and sentenced all the accused.
Finding of the Court:
The court held that the medical evidence established that the deceased died due to asphyxia caused by strangulation, indicating a case of culpable homicide amounting to murder. The court drew a presumption under Section 106 of the Indian Evidence Act against the accused, considering that the incident occurred in their house and they failed to provide a reasonable explanation for the deceased's death.
Issues: 1. Whether the presumption under Section 106 of the Indian Evidence Act can be drawn against the accused in a case of bride burning where direct evidence is lacking? 2. To what extent can the statement made by an accused under Section 313 Cr.P.C. be used in evidence against them? 3. Whether the prosecution has proved the guilt of the accused beyond a reasonable doubt?
Ratio Decidendi: 1. The court held that in cases of bride burning, where direct evidence is generally unavailable, the presumption under Section 106 of the Indian Evidence Act can be drawn against the accused. The court reasoned that the burden of proving the circumstances bringing the case within any exception to the Indian Penal Code lies upon the accused, and that the accused, being the residents of the house where the incident occurred, have special knowledge of the facts surrounding the deceased's death. 2. The court held that the statement made by an accused under Section 313 Cr.P.C., though not a substantive piece of evidence, can be used to corroborate the prosecution evidence. The court clarified that the statement cannot be used in isolation and must be considered in its entirety, including both the incriminating and exculpatory parts. 3. The court found that the prosecution had proved the guilt of the accused beyond a reasonable doubt based on the medical evidence, the presumption under Section 106 of the Indian Evidence Act, and the statement made by the accused under Section 313 Cr.P.C.
Final Decision: The court partly allowed the appeal. The conviction and sentence of the appellants Rukmani Devi and Ramumal for the offenses under Sections 302/34 and 201 IPC were set aside, and they were acquitted of those charges. However, their conviction and sentence for the offense under Section 498-A IPC (cruelty) were maintained. The appeal filed by the appellant Nirmal Kumar was dismissed, upholding his conviction and sentence for the offenses under Sections 302/34, 201/34, and 498-A IPC.
"To
SHO, Police Station,
Gangapurcity.
Sub:-for lodging of FIR.
Sir,
It is submitted that on 10.8.2003, at about 7:00 PM, I received a telephonic information that my sister Dropadi (Jaya) has been burnt to death by her husband, Nirmal Sindhi son of Ramumal, father-in-law Ramumal son of Vashumal, mother-in-law Rukmani Devi wife of Ramumal, brother-in-law (Devar) Bablu son of Ramumal, sister-in-law (Nanad) Kaushallya (Koki), after kerosene oil was poured over her. Her dead body has been found in the room in burnt condition. Dead body is lying in a house in Sindhi Colony in Gangapurcity. I, Narendra Peshwani, Rajkumar, Govindram, Shyam Lal, Ishwar Das and others came from Sawaimadhopur to Gangapurcity and found that dead body of sister was kept by her in laws in a room in a burnt condition. My sister was married with the accused 8/9 years ago. She had given birth to two sons. My sister has been killed by my brother-in-law, his parents, sister and brother, by putting her on fire, after pouring kerosene oil. The report is submitted to you and action be taken. The accused used to harass my sister for not bringing adequate dowry."
