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SAMEER JAIN
Rang Nath Gaggar S/o Sanwarmal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. As per the orders of the Hon’ble Chief Justice the instant petition is listed under the category of legacy matters, for efficacious and expeditious disposal of the same.
2. The instant petition is filed under section 397 read with 401 of Cr.P.C. assailing the judgment dated 16.12.2003 passed by the Additional Sessions Judge (Fast Track) No. 3 Court, Ajmer-Camp-Kishangarh in Sessions Case No. 4/2003, whereby the accused-respondents (respondent no. 2 and 3) have been acquitted from the charges under sections 498-A and 304-B of I.P.C.
3. The nitty-gritty of the instant matter is that the complainant-petitioner on 05.06.2002 lodged a complaint/report with Police Station Madan Ganj, Ajmer, stating that his sister (Pramila-deceased) was married to Shri Manmohan Soni (respondent no. 2) on 05.02.1998, has died. The contents of the said complaint explicitly notes that the family of the deceased at the time of marriage has gifted several precious gifts along with Rs. 1,00,000/- (Rupees One Lac Only) to the respondents. Subsequently, on 17.02.1998 a demand draft of Rs. 25,000/- (Rupees Twenty Five Thousand Only), along with Rs. 20,000/- (Rupees Twenty Thousand) was drawn in favor of/
The court upheld that a dying declaration must be corroborated and cannot solely rely on presumption under Section 113-B without evidence of cruelty or harassment.
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
The prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
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 reliability of dying declarations, the presumption of dowry death under Section 113B of the Indian Evidence Act, and the reformative and corrective approach of criminal jurisprudence were central....
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 established that dowry death under Section 304(B) IPC requires proof of harassment related to dowry demands, with the prosecution bearing the burden of proof beyond reasonable doubt.
The central legal point established is the application of Section 304B of IPC and Section 113-B of the Evidence Act in cases of dowry death, emphasizing the need for proximity between cruelty/harassm....
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