VidhiSangh

Supreme Court of India · 20/04/2023

CHARAN SINGH @ CHARANJIT SINGH versus THE STATE OF UTTARAKHAND

[2023] 3 S.C.R. 511 · 2023 INSC 404

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Summary

A husband was convicted under Sections 304B, 498A and 201 IPC after his wife died in her matrimonial home within two years of marriage and was cremated the same day; the High Court acquitted his brother and mother but upheld his conviction with a reduced sentence. The Supreme Court acquitted him, holding that the presumption of dowry death under Section 113B of the Evidence Act arises only on proof that the woman was subjected to cruelty or harassment for dowry soon before her death, that the witnesses spoke only of old demands for a motorcycle and land without any harassment proximate to the death, and that an unnatural death in the matrimonial home within seven years of marriage is not by itself sufficient to convict.

Issues

  1. Whether the prosecution proved that the deceased was subjected to cruelty or harassment for or in connection with a demand for dowry soon before her death so as to attract Section 304B IPC and the presumption under Section 113B of the Evidence Act.
  2. Whether the ingredients of cruelty under Section 498A IPC were established on the evidence.
  3. Whether an unnatural death in the matrimonial home within seven years of marriage, with hasty cremation, suffices for conviction without proof of proximate dowry-related cruelty.

Provisions considered

Held

Result

Appeal allowed; High Court's judgment set aside and the appellant's conviction and sentence under Sections 304B, 498A and 201 IPC set aside; bail bonds cancelled.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 511.