Brief Facts
- The appellant, who was husband of the deceased, has filed the appeal challenging his conviction and sentence under sections 304B, 498A and 201 of IPC. In appeal filed by the convicts before the High Court, the conviction and sentence of Gurmeet Singh (brother-in-law) and Santo Kaur (mother-in-law) under Section 304B, 498A and 201 IPC were set aside and they were acquitted of the charges, whereas the conviction of the appellant was upheld.
- The High Court had also reduced the sentence of the appellant under Section 304B IPC from ten years to seven years.
- 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.
Issues
- The appellant, who was husband of the deceased, has filed the appeal challenging his conviction and sentence under sections 304B, 498A and 201 of IPC. In appeal filed by the convicts before the High Court, the conviction and sentence of Gurmeet Singh (brother-in-law) and Santo Kaur (mother-in-law) under Section 304B, 498A and 201 IPC were set aside and they were acquitted of the charges, whereas the conviction of the appellant was upheld.
- The High Court had also reduced the sentence of the appellant under Section 304B IPC from ten years to seven years.
- 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.
Held
- The Apex Court allowed the appeal of the accused and acquitted the under Section 304B, 498A and 201 IPC.
- The date of death of the deceased is 22.6.1995. She was cremated on the same The stand taken by the appellant was that the parents of the deceased were informed who were living about 290 kms. away. However, they could not reach on time. It was further submitted that the maternal grandmother and two maternal uncles who were living at a distance of about one furlong from the matrimonial residence of the deceased when she died were present at the time of cremation. They neither raised any issue nor did they inform the police. Rather on the intervention of the panchayat, they had taken all the dowry articles.
- The cruelty or harassment has to be soon before the death. In his evidence, Pratap Singh (PW-1), father of the deceased stated that two months after the marriage his daughter came to the parental home stating that the appellant was demanding motorcycle, however, she was sent back. Thereafter, she again came and apprised him that the demand of motorcycle was being pressed by the appellant. Besides motorcycle, land was also demanded. There is nothing in the statement that any such demand was raised immediately before the death as the incidents sought to be referred to are quite old. He admitted in his cross examination that at the time of funeral, his mother-in-law and two brothers-in-law were present. However, they were threatened not to lodge the complaint. Balbir Singh (PW-2), maternal uncle of the deceased, merely stated that at the time of marriage sufficient dowry was given by the father of the deceased. However, later he heard that the appellant had demanded the motorcycle. In his cross-examination, he admitted that he was living at the distance of about one furlong from the house of the appellant. No dowry was demanded at the time of marriage of the deceased. He did not state that the deceased ever shared with him about the demand of dowry or any harassment on account of non-fulfilment thereof though he was living close to the matrimonial house of the deceased.
- The 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 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.
- 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.
Relevant Para No.
- 15, 16, 21, 23, 24