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2017 Supreme(Online)(Chh) 339
CHHATTISGARH HIGH COURT
Prashant Kumar Mishra, J
Raj Kumar Singh v. State of Chhattisgarh
Sessions Trial No. 154/2012
Evidence of continuous harassment established grounds for conviction under dowry death laws.
Headnote:(A) Indian Penal Code, 1860 - Section 304-B - Dowry death - Conviction of accused under Section 304-B IPC for demanding dowry and causing cruelty, leading to the suicide of his wife and son - The accused's continued harassment and demands were established by testimonies. (Para 10)
(B) Evidence Act, 1872 - Section 114 - Presumption regarding the cruelty meted out to the deceased based on circumstances, despite lack of direct evidence - Courts can infer from the continuous demands and treatment towards the deceased. (Paras 9, 10)
Facts of the case:
The appellant was convicted for the dowry death of his wife, Dharamsila, after she committed suicide along with their son, due to alleged demands of dowry and cruelty by the appellant.
Findings of Court:
Evidence sufficiently established cruelty and demand of dowry by the appellant, leading to the suicide of the deceased.
Issues: Whether the appellant's actions constituted sufficient cruelty and dowry demands 'soon before death', and whether the delay in lodging the FIR was justified.
Ratio Decidendi: The court held that the circumstantial evidence demonstrated a clear case of continuous harassment leading to the tragic end, affirming the lower court's finding of guilt under S.304-B.
Result: Appeal dismissed.
| Table of Content |
|---|
| 1. overview of the conviction for dowry death. (Para 1 , 2) |
| 2. defense's arguments against the allegations of dowry demands. (Para 3) |
| 3. arguments presented during the trial. (Para 4 , 5 , 6) |
| 4. court's observations on the evidence presented. (Para 7 , 9) |
| 5. final decision confirming the lower court's conviction. (Para 10) |
1. This appeal is directed against the judgment and order dated 24.7.2013 passed by Additional Sessions Judge, Durg in Sessions Trial No. 154/2012 convicting the accused / appellant under S.304 - B IPC and sentencing him to undergo rigorous imprisonment for eight years.
2. Name of the deceased in this case is Dharamsila, wife of the accused / appellant herein. Their marriage was solemnized on 27.6.2007 and out of the wedlock a male child was born. On 27.4.2012 in between 2.30 and 5.30 PM she along with her son committed suicide by hanging from a ceiling fan. Merg Ex. P - 9 was recorded on the same day at 8:05 PM on the basis of information given by father of the accused / appellant namely Kanhaiya Lal (PW - 9). Spot Panchnama Ex. P - 5 was prepared on that very day at about 9.00 PM by the Patwari namely Sushil Kumar Dharmik (PW - 8). Dead body was sent to the mortuary where inquest was made vide Ex.P - 2 on 29.4.2012 and thereafter postmortem examination was done by Dr. B.N. Dewangan (PW - 4) who gave his report Ex. P - 6. On 5.5.2012 written report Ex. P - 4 was lodged by Mahender Singh (PW - 1) - the father of the deceased resident of State of Bihar alleging that two years after marriage, the accused / appellant started harassing her demanding rupees two lakhs and a gold chain. Accused is also alleged to have asked for one acre of land to be recorded in his name in case the demand of cash and gold is not fulfilled. It is alleged that the accused had also threatened the deceased to be killed if there is a failure in fulfilling his demand. The written report also mentions that the accused / appellant made the deceased sleep on the floor saying that in the marriage cot was not given by her father and when this fact was disclosed to her father, he withdrew some amount from ATM and by adding some more from his own pocket gave to the accused at the time of house warming ceremony. Father of the deceased has also alleged that once at the time when he visited the house of the accused, his belt was left there with which he (accused) used to whip his daughter, and it is this tortuous attitude of the accused which drove the deceased to put an end to her life by hanging to a ceiling fan along with her three year old son. After merg inquiry, FIR Ex. P - 14 was registered against the accused / appellant on 5.5.2012 under S.304 - B IPC . After completion of investigation, charge sheet was filed by the police under said section followed by framing of charge accordingly.
3. So as to hold the accused / appellant guilty, prosecution has examined 13 witnesses in support of its case. Statement of the accused / appellant was also recorded under S.313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case. This apart, two witnesses namely Ramesh Kumar Nandanwar (DW - 1) and Anil Verma (DW - 2) have also been examined by the defence in support of its case.
4. After hearing the parties, the trial Court has convicted and sentenced the accused / appellant as mentioned above in paragraph No.1 of this judgment.
5. Counsel for the accused / appellant submits as under:
(i) that from the evidence on record it is clear that for the first two years the accused and the deceased lived happily and no allegation of cruelty for dowry was made by anyone;
(ii) that had there been any demand for dowry by the accused / appellant, the report to that effect would have been lodged much earlier either by the deceased herself or by her parents;
(iii) that in the FIR some stray instances have been referred to but the same do not attract the ingredients of S.
