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IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, NAND PRABHA SHUKLA, JJ.
Ajit Kushwaha – Appellant
Versus
State of Uttar Pradesh – Respondents
Criminal Appeal No.3532 of 2019
Decided on : 27-05-2024
DOWRY DEATH - CRIMINAL LAW - IPC SECTIONS 304B, 498A; DOWRY PROHIBITION ACT SECTIONS 3/4; EVIDENCE ACT SECTION 113B - The court discussed the provisions of Section 304B IPC, which defines dowry death and establishes the criteria for conviction, including the requirement of unnatural death within seven years of marriage and prior harassment related to dowry demands. The court also referenced Section 113B of the Evidence Act, which creates a presumption of guilt if the woman was subjected to cruelty or harassment for dowry shortly before her death. These provisions were pivotal in establishing the appellant's guilt, leading to a conviction under Section 304B IPC, although the court later modified the sentence from life imprisonment to 14 years, emphasizing that extreme punishment should be reserved for rare cases.
Fact of the Case:
The appellant, Ajit Kushwaha, was convicted for the dowry death of his wife, Pooja Kushwaha, who was found dead under suspicious circumstances shortly after a marriage that included dowry demands. The prosecution presented evidence of harassment and a demand for additional dowry, which Pooja had communicated to her family before her death.
Finding of the Court:
The court found that the prosecution had established all three essential ingredients of dowry death under Section 304B IPC: the unnatural death of Pooja within seven years of marriage, evidence of prior harassment for dowry, and the circumstances surrounding her death being suspicious. The court also noted the lack of credible evidence supporting the appellant's alibi.
Issues: Whether the appellant was guilty of dowry death under Section 304B IPC, and whether the sentence of life imprisonment was appropriate given the circumstances of the case.
Ratio Decidendi: The court held that the prosecution had successfully proven the elements of dowry death as defined in Section 304B IPC, including the presumption of guilt under Section 113B of the Evidence Act. However, it also recognized that the imposition of life imprisonment should be reserved for exceptional cases, leading to a modification of the sentence to 14 years.
Final Decision: The appeal was allowed in part, modifying the sentence from life imprisonment to 14 years of imprisonment while upholding the convictions under Sections 304B IPC, 498A IPC, and the Dowry Prohibition Act.
JUDGMENT :
Hon'ble Ms. Nand Prabha Shukla, J.
1. Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
2. The present criminal appeal has been preferred against the Judgement and Order of conviction dated 13.03.2019 passed by Additional Sessions Judge, Court No.15, Kanpur Nagar in Sessions Trial No.361 of 2016 (State vs. Ajit Kushwaha) arising out of Case Crime No.0023 of 2016, Police Station Govind Nagar District Kanpur whereby the appellant has been convicted under Section 304B IPC and sentenced to undergo imprisonment for life and under Section 498-A IPC two years simple imprisonment and a fine of Rs.5000/-and in case of default in payment of fine a further simple imprisonment of one month. The appellant has further been convicted under Section 3/4 of Dowry Prohibition Act for two years simple imprisonment and fine of Rs.2000/-and in case of default a further simple imprisonment of 15 days. All the sentences shall run concurrently. However, the accused-appellant has been acquitted of the charge under Section 302 IPC.
3. Shorn of unnecessary details, the brief facts are as follows:
On 18.01.2016 at 08:50 pm, the first informant Kamal Sen Mehta lodged a First Information Report bearing Case Crime No. 23 of 2016, under Sections 498A, 304B IPC and Section 3/4 of Dowry Prohibition Act at Police Station Govind Nagar, District Kanpur Nagar against the appellant Ajit Kushwaha and 11 others alleging that the marriage of his youngest daughter Pooja Kushwaha was solemnized with Ajit Kushwaha on 31.05.2015. At the time of marriage, sufficient dowry was given but later on there was further demand of dowry of cash Rs.5 lacs to run the business and a car, which she often disclosed to her family. She was kept under starvation and was harassed. On 18.01.2016, the first informant called his daughter on telephone but there was no response. He immediately went to her in-laws’ place and found the door to be locked. The concerned police Station was informed, the Police reached and opened the door and found his daughter killed in a brutal manner. People in the vicinity disclosed that they saw the in-laws fleeing from the spot. Hence, the First Information Report was lodged.
4. During the course of investigation, the inquest proceedings were conducted in the presence of Naib Tehsildar on 18.01.2016 at 10.00 P.M. and the body was sent for autopsy. The postmortem of the deceased Pooja was conducted on 19.1.2016 at 1.55 P.M.
5. The investigation was conducted and a Charge Sheet No. 85/2016 dated 17.04.2016 was submitted against accused Ajit Kushwaha, Ram Lakhan Kushwaha, Premwati Kushwaha and Sameer under Sections 498-A, 304-B and 302 IPC and Section 3/4 Dowry Prohibition Act. Rest other co-accused were exonerated.
6. On 04.05.2016, the matter was committed by the learned Chief Metropolitan Magistrate, Kanpur Nagar to the Court of Sessions for trial. On 18.05.2016, learned Trial Court framed the charges against the accused Ajit Kushwaha, Ram Lakhan Kushwaha, Premwati Kushwaha and Sameer under Sections 498-A, 304-B IPC and Section ¾ of the Dowry Prohibition Act and alternatively under Section 302 IPC.
7. The accused denied the charges and claimed to be tried.
8. To establish the prosecution case, total seven prosecution witnesses were examined.
9. P.W.1 Kamal Sen Mehta, the father of the deceased in his examination-in-chief deposed that Pooja Kushwaha was his third daughter. Her traditional marriage ceremony took place at Kashmir, Govind Nagar at Kanpur Nagar on 31.05.2015 with Ajit Kushwaha after giving sufficient dowry. Just after the marriage, there was a demand of dowry of cash Rs. 5 lacs and a car. They even tortured and gave beatings to his daughter and kept her under starvation. Whenever she visited her parental house, she used to disclose to her family members about the harassment caused by her in-laws. Before the traditional marriage ceremony, his daughter and Ajit Kushwaha performed the love marriage on 15.1.2
The judgment reinforces the legal framework surrounding dowry death, emphasizing the importance of proving prior harassment related to dowry demands and the application of presumptions of guilt under....
Point of Law : For offence Under Section 304-B Indian Penal Code, punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
The court upheld the conviction of the husband for dowry death while acquitting the father-in-law and brother-in-law due to insufficient evidence, emphasizing the need for clear proof in dowry cases.
The judgment establishes that for a conviction under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment for dowry shortly before her death, and tha....
The judgment establishes that for a conviction under Section 304B IPC, it must be shown that the deceased was subjected to cruelty or harassment in connection with dowry demands shortly before her de....
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
The court established that the accused's demand for additional dowry and the resulting harassment led to the victim's death, satisfying the criteria for dowry death under IPC Section 304-B.
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....
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