Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ratnaker Bhengra, J.
Arvind Thakur, son of Late Bahadur Thakur - Appellant
Versus
The State of Jharkhand - Respondent
Cr. Appeal (SJ) No. 350 of 2010
Decided On : 22-04-2022
Dowry Death - Cruelty - Indian Penal Code 304(B) - Summary: The court upheld the conviction of the appellant under Section 304(B) of the Indian Penal Code. The deceased was married in 2005 and died in 2007, within seven years of her marriage. The court found that the appellant continuously demanded dowry and tortured the deceased, leading to her death. The evidence of demand and torture was continuous from April 2006 until her death in July 2007. The court concluded that the prosecution proved the ingredients of dowry death, and the appellant failed to rebut the presumption under section 113 (B) of Indian Evidence Act.
Fact of the Case:
The deceased was married in 2005 and died in 2007, within seven years of her marriage. The prosecution's case was that the appellant continuously demanded dowry and tortured the deceased, leading to her death by hanging. The appellant denied the evidence against him and did not present a specific defense.
Finding of the Court:
The court upheld the conviction of the appellant under Section 304(B) of the Indian Penal Code, as the prosecution proved the continuous demand of dowry and torture leading to the death of the deceased. The appellant failed to rebut the presumption under section 113 (B) of Indian Evidence Act.
Issues: The main issue was whether the appellant was guilty of dowry death under Section 304(B) of the Indian Penal Code.
Ratio Decidendi: The court found that the continuous demand of dowry and torture from April 2006 until the death of the deceased in July 2007 proved the ingredients of dowry death under Section 304(B) of the Indian Penal Code.
Final Decision: The court sustained and upheld the judgment of conviction dated 16.01.2010, and the appellant was discharged from the liability of bail bonds.
JUDGMENT :
Heard Mrs. Jasvinder Mazumdar, the learned counsel for the appellant and Mrs. Ruby Pandey, the learned APP for the State.
2. The present criminal appeal is preferred against the judgment of conviction dated 16.01.2010 and the order of sentence dated 19.01.2010, passed by the learned 2nd Additional Sessions Judge, Deoghar in Sessions Case No. 305 of 2007, whereby and where under, the appellant was convicted under Section 304(B) of the Indian Penal Code and sentenced to undergo RI for seven years.
3. The case of the prosecution, in brief, as per the fardbeyan dated 18.07.2007 of the informant Tulsi Thakur (PW-4) is that his daughter Nilam Devi (deceased) was married with the appellant Arbind Thakur, according to Hindu rites and customs, in the year 2005. Deceased lived peacefully at her matrimonial home for one year, but, thereafter, she was subjected to cruelty by her husband, mother-in-1aw, brother-in-law (bhaisur) and sister-in-law (gotani) for demand of colour T.V., golden chain and golden ring. Informant further stated that he told the accused persons that he had already given dowry according to his capacity and now he is unable to fulfill the further demand of dowry. Informant requested the accused persons not to torture his daughter, but, the accused persons tortured her continuously. Informant received telephonic message in the morning on 18.07.2007 at about 09:45 am, that his daughter was done to death by her in-laws. On such information, the informant along with his wife Gayatri Thakur (PW-1), his son Vinay Thakur (PW-2), Praduman Thakur (PW-3) and Remawatar Thakur, reached at village Jhumrabad, at the matrimonial home of his daughter at about 1:00 pm, and saw that his daughter was hanging from the ceiling of the roof of the house with a rope. Police got down the dead body of the deceased and on query, informant came to know that his daughter was done to death by her husband (appellant herein) and her in-laws.
4. On the basis of the fardbeyan, F.I.R. being Jasidih P.S. Case No. 183/07 dated 18.07.2007 under Section 304(B)/34 of the Indian Penal Code was registered against the appellant Arbind Thakur and against the in-laws of the deceased. After investigation charge-sheet was submitted against the appellant under section 304 B/34 of IPC and cognizance for the offence was taken and the case was committed to the court of Sessions. Charge under Section 304 (B) of the Indian Penal Code was framed against the appellant and trial was held. At the conclusion of the trial the appellant was convicted and sentenced as aforesaid, hence, this appeal.
5. Prosecution had examined altogether five witnesses out of whom PW-4 is Tulsi Thakur, who is the informant of the case and the father of the deceased; PW-1 is Gayatri Thakur, who is the mother of the deceased; PW-2 is Vinay Thakur, who is the brother of the deceased; PW-3 is Praduman Thakur, who is the cousin brother of the informant and PW-5 is Dr. Nand Lal Pandit, who had conducted postmortem on the dead body of the deceased.
6. PW4 Tulsi Thakur is the informant of this case and the father of the deceased. Informant had stated in his evidence that his daughter was married with the appellant Arbind Thakur, in the year 2005 and after marriage his daughter went to her matrimonial home, where she lived peacefully for about one year. Thereafter, husband Arbind Thakur, and in-laws tortured his daughter and demanded colour T.V., golden chain and golden ring. When his daughter came to her parental home, then, she narrated the story to him. Thereafter, informant went to the matrimonial home of his daughter and told them that his economic condition is not well and he is unable to fulfill their demand, but, accused persons continued to torture his daughter. On 18.07.2007, he got information from the villagers that in-laws of the deceased had committed murder of the deceased and hanged her dead body. Then, he along with his wife, son and Praduman Thakur went to matrimonial home of the de
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.
In dowry death cases, prosecution must prove unnatural death within seven years of marriage with cruelty/harassment soon before by husband/relatives linked to dowry demand to raise rebuttable presump....
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
Dowry death conviction under IPC Section 304B requires proof of cruelty/harassment for dowry demand soon before death to attract Evidence Act Section 113B presumption; mere presence at scene insuffic....
The prosecution must prove demand for dowry and cruelty to establish a dowry death under Section 304B IPC, leading to a presumption of guilt against the accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
