GIST
9. The marriage of the appellant with the deceased was solemnised in the year 1993. She died on 22.6.1995. FIR was registered on the complaint of the father of the deceased on 24.6.1995 against Charan Singh, the appellant herein, brother-in-law, Gurmeet Singh and mother-in-law Santo Kaur. However, in appeal filed by the convicts before the High Court, brother-in-law, Gurmeet Singh and mother-in-law, Santo Kaur were acquitted whereas the conviction of the appellant was upheld. The sentence awarded to the appellant under Section 304B IPC was reduced from ten years rigorous imprisonment to seven years rigorous imprisonment. The sentence of two years rigorous imprisonment each awarded under Section 498A and Section 201 IPC was affirmed.
13. A conjoint reading of Section 304B IPC and Section 113B of the Indian Evidence Act with reference to the presumption raised was discussed in para 32 of the aforesaid judgment [Baijnath v. State of M.P – (2017) 1 SCC 101], which is extracted below:-
“32. This Court while often dwelling on the scope and purport of Section 304-B of the Code and Section 113-B of the Act have propounded that the presumption is contingent on the fact that the prosecution first spell out the ingredients of the offence of Section 304-B as in Shindo v. State of Punjab [Shindo v. State of Punjab, (2011) 11 SCC 517 : (2011) 3 SCC (Cri) 394] and echoed in Rajeev Kumar v. State of Haryana [Rajeev Kumar v. State of Haryana, (2013) 16 SCC 640 : (2014) 6 SCC (Cri) 346] . In the latter pronouncement, this Court propounded that one of the essential ingredients of dowry death under Section 304-B of the Code is that the accused must have subjected the woman to cruelty in connection with demand for dowry soon before her death and that this ingredient has to be proved by the prosecution beyond reasonable doubt and only then the Court will presume that the accused has committed the offence of dowry death under Section 113-B of the Act. It referred to with approval, the earlier decision of this Court in K. Prema S. Rao v. Yadla Srinivasa Rao [K. Prema S. Rao v. Yadla Srinivasa Rao, (2003) 1 SCC 217 : 2003 SCC (Cri) 271] to the effect that to attract the provision of Section 304-B of the Code, one of the main ingredients of the offence which is required to be established is that “soon before her death” she was subjected to cruelty and harassment “in connection with the demand for dowry”.
NO EVIDENCE FOR CRUELTY OR HARASSMENT
21. In the aforesaid evidence led by the prosecution, none of the witnesses stated about the cruelty or harassment to the deceased by the appellant or any of his family members on account of demand of dowry soon before the death or otherwise. Rather harassment has not been narrated by anyone. It is only certain oral averments regarding demand of motorcycle and land which is also much prior to the incident. The aforesaid evidence led by the prosecution does not fulfil the pre-requisites to invoke presumption under Section 304B IPC or Section 113B of the Indian Evidence Act. Even the ingredients of Section 498A IPC are not made out for the same reason as there is no evidence of cruelty and harassment to the deceased soon before her death.
22. Defence had produced Gurmej Singh as DW-1, who was head of the village at the time of incident. He stated that the information about the death was given to the parents of the deceased and other family members. He stated that belongings of the deceased were handed over to her maternal grandmother and uncle after cremation. His statement is in line with the admission made by Biro Bai (PW-3), maternal grandmother, Balbir Singh (PW-2). Meaning thereby that there was no suspicion regarding the death of the deceased.
23. On a collective appreciation of the evidence led by the prosecution, we are of the considered view that the prerequisites to raise presumption under Section 304B IPC and Section 113B of the Indian Evidence Act having not been fulfilled, the conviction of the appellant cannot be justified. Mere death of the deceased being unnatural in the matrimonial home within seven years of marriage will not be sufficient to convict the accused under Section 304B and 498A IPC. The cause of death as such is not known.
Accused Acquitted,
PARTY: Charan Singh @ Charanjit Singh vs. The State of Uttarakhand – Criminal Appeal No. 447 of 2012 – April 20, 2023.
https://main.sci.gov.in/supremecourt/2010/34791/34791_2010_16_1501_43603_Judgement_20-Apr-2023.pdf
