- Section 304-B IPC read in conjunction with Section 113-B of the Evidence Act leaves no manner of doubt that once the prosecution has been able to demonstrate that a woman has been subjected to cruelty or harassment for or in connection with any demand for dowry, soon before her death, the Court shall proceed on a presumption that the persons who have subjected her to cruelty or harassment in connection with the demand for dowry, have caused a dowry death within the meaning of Section 304-B IPC. The said presumption is, however, rebuttable and can be dispelled on the accused being able to demonstrate through cogent evidence that all the ingredients of Section 304-B IPC have not been satisfied.
[DOWRY DEATH – EXAMPLE:]18. In the instant case, despite the shoddy investigation conducted by the prosecution, we are of the view that the circumstances set out in Section 304-B of the IPC have been established in the light of the fact that the deceased, Fulwa Devi had gone missing from her matrimonial home within a few months of her marriage and immediately after demands of dowry were made on her and that her death had occurred under abnormal circumstances, such a death would have to be charactarized as a “dowry death”.
[DOWRY DEATH – PRESUMPTION – WHO HAS TO EXPLAIN?]19. Recovery of the body from the banks of the river clearly indicates that Fulwa Devi had died under abnormal circumstances that could only be explained by her husband and in-laws, as she was residing at her matrimonial home when she suddenly disappeared and no plausible explanation was offered for her disappearance. The plea raised on behalf of the accused that the body recovered from the banks of Barakar river was unidentifiable, is devoid of merits when PW-3, father of the deceased testified that he could recognize the dead body as that of Fulwa Devi, from a part of the face that had remained intact and from the clothes that were found on the body. As regards A-1, the High Court and the trial Court have rightly raised a presumption against him under Section 113B of the Indian Evidence Act which prescribes that the Court shall presume that a person has caused a dowry death of a woman if it is shown that soon before her death, she had been subjected by such person to cruelty or harassment for or in connection with any demand for dowry. How far could this be held against A-3, will be discussed later.
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[DOWRY DEATH – PRESUMPTION – EXPLAINED:] 21. As discussed above, the case of the prosecution rests solely on circumstantial evidence. No eye witness has been produced who could testify as to how the body of the deceased was found on the banks of river Barakar. From the circumstances narrated above, there can be two hypothesis. One is that the deceased was done away with within the four walls of her matrimonial home, her dead body was smuggled out and dumped into the river. The second pre-supposition would be that the deceased was alive when she was taken to the river-side under some pretext and pushed in, leading to her death by drowning. If the first assumption is taken to be correct, then surely, some villager would have seen the accused persons carrying the dead body to the river where it was finally dumped. However, the prosecution has not produced any villager who was a witness to the body of the deceased being taken out of the matrimonial home and carried to the river. Therefore, this version would have to be discarded in favour of the second one which is that the deceased was alive, when she was accompanied to the river and then she was forcibly pushed in and could not emerge alive from the watery grave. The latter assumption also gains strength from the post mortem report which records that there were no signs of any ante mortem injury on the body. If the deceased was killed in the house, then the body would certainly have revealed some signs of struggle.
- There is sufficient evidence brought on record to inculpate Ram Sahay Mahto, A-1 (husband of the deceased). The circumstances put together, unerringly point to his guilt in extinguishing the life of his wife within a few months of the marriage on her failing to satisfy the demands of dowry. In our view, the impugned judgment and order of sentence imposed on A-1 does not deserve interference and is maintained. Criminal Appeal No. 575 of 2012 filed by A-1 is accordingly dismissed. The said appellant who is presently on bail, is directed to surrender before the Trial Court/Superintendent of Jail within four weeks to undergo the remaining period of his sentence.
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As for Parvati Devi, A-3 (Mother-in-law), from the evidence on record only certain omnibus allegations have been made against her with respect to dowry demands. Learned counsel for the respondentState has not been able to indicate any specific allegations, nor point to any specific evidence or testimony against her. In fact, in the only direct evidence before the Court, PW-3 (informant and father of the victim) mentions that A-2 threatened to harm the deceased. In view of the above, we are of the opinion that it is necessary to interfere with the findings of the Courts below convicting A-3 (appellant in Criminal Appeal No. 574 of 2012) for the offence under Sections 304B and 201 read with Section 34, IPC. The said appeal filed by A-3 is accordingly allowed. She is directed to be released forthwith, if not required to be detained in any other case.
PARTY: PARVATI DEVI VERSUS THE STATE OF BIHAR NOW STATE OF JHARKHAND & ORS – CRIMINAL APPEAL NO. 574 OF 2012 – December 17, 2021 – [2021] 9 S.C.R. 711.
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