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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Fulmani Devi @ Fulmani Hembram W/o Basudeo Hembrom – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SHREE CHANDRASHEKHAR, J.
1. Baliapur P.S. Case No. 55 of 2006 was lodged on 31.07.2006 under section 304-B read with section 120-B of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. In his written report dated 31.07.2006, Jaleshwar Manjhi made specific allegation of harassment and torture of his daughter at the hands of her husband. A First Information Report was lodged against Jitendra Hembram @ Jitendra Manjhi, Fulmani Devi @ Fulmani Hembram and Basudeo Hembram @ Basu Manjhi. In course of investigation not many people came forward to state about the occurrence and during the trial only three persons, namely, Sakro Manjhian who is the mother, Baneshwar Manjhi who is the uncle and Jaleshwar Manjhi who is the father of Putul Manjhian were examined. Dr. Swapan Kumar Saraf who conducted the postmortem examination on 31.07.2006 did not find any antemortem external injury on the dead-body of Putul Manjhian. However, frothy blood was seen oozing from the lungs which was found congested and about 10 cc brownish fluid with odor of medicine was found in her stomach. The doctor did not render a conclusive opinion on the cause of death and viscera of Putul Manjhia
Continuous demand of dowry and torture leading to the death of the deceased proved the ingredients of dowry death under Section 304(B) of the Indian Penal Code.
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.
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.
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