Brief Facts
- The Appellants, the father and mother-in-law of the deceased, who died at her matrimonial home due to extensive burn injuries. The deceased died after 18 days of giving birth to a male child.
- An FIR was lodges u/s 304B and 498A, IPC. It was alleged that pursuant to birth of child a dowry demand of Rs. 50,000/- and motor cycle was made by the Appellants and their son.
- The Trial Court convicted the accused persons u/s 304B and 498A, IPC, holding that the deceased was harassed soon before her death in connection with demand for a motorcycle and cash, thereby attracting presumption u/s 113B of the Indian Evidence Act, 1872.
Issues
- Whether the deceased was subjected to cruelty or harassment by her husband or his relative, soon before her death, in connection with any demand for dowry?
Held
- The appeal was allowed and the Appellants were acquitted.
- The Supreme Court held that although the death of the deceased occurred otherwise than under normal circumstances, considering the testimonies of the witnesses, it is established that the said demand was not made in respect of dowry but it was made in connection with the celebration on birth of a male child. There was not allegation of demand of dowry at the time of marriage or before marriage.
- One of the essential ingredients of dowry death, namely, any demand for dowry, was not proved beyond reasonable doubt.
- Once all the necessary ingredients of dowry death have not been proved beyond reasonable doubt, the presumption under Section 113-B of the Evidence Act would not be available to the prosecution.
Essential ingredient of section 304-B of IPC
- Death of a woman must have been caused by any burns or bodily injury or it must have occurred otherwise than under normal circumstances;
- such death must have occurred within seven years of her marriage;
- soon before such death, she must have been subjected to cruelty or harassment by her husband or any relative of her husband; and
- such cruelty or harassment must be in connection with any demand for dowry.
Relevant Para Nos.
- 12, 15,17 and 18