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
- 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.
- Whether the ingredients of cruelty under Section 498A IPC were established on the evidence.
- 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
- Section 304B, Indian Penal Code, 1860Requires death otherwise than in normal circumstances within seven years of marriage and proof that soon before death the woman was subjected to cruelty or harassment for dowry; the third ingredient was not proved, the only evidence being of demands made long before the death. (¶¶ 10, 11, 13, 16, 17, 21, 23)
- Section 113B, Indian Evidence Act, 1872The presumption of dowry death is activated only on proof by cogent evidence of dowry-related cruelty or harassment in reasonable contiguity to the death; the prosecution cannot take refuge in the presumption to cover a shortfall in proof of the basic facts. (¶¶ 10, 12, 13, 14, 21, 23)
- Section 498A, Indian Penal Code, 1860Cruelty or harassment for an unlawful demand is the common constituent of both offences; with no evidence of cruelty or harassment, this offence was also not made out. (¶¶ 10, 11, 21)
- Section 201, Indian Penal Code, 1860Conviction for causing disappearance of evidence by cremating the body also set aside, the defence evidence showing that the family was informed and that relatives living nearby attended the cremation and collected the dowry articles through the panchayat. (¶¶ 15, 22, 24)
Held
- The pre-requisite for the presumption under Section 304B IPC read with Section 113B of the Evidence Act is proof that soon before her death the woman was subjected to cruelty or harassment in connection with a demand for dowry; this ingredient must be proved by the prosecution beyond reasonable doubt before the burden shifts. (¶¶ 11, 12, 13, 14)
- The father deposed only to demands for a motorcycle and land raised months after the marriage, the maternal uncle to hearsay about the motorcycle, and the maternal grandmother to demands without any details of cruelty or harassment, though they lived within a mile of the matrimonial home, attended the cremation and raised no complaint; the material witness who informed the father of the death was not examined. None of this shows harassment soon before the death. (¶¶ 15, 16, 17, 18, 20, 21)
- Mere unnatural death of a wife in the matrimonial home within seven years of marriage is not sufficient to convict under Sections 304B and 498A IPC when the pre-requisites for raising the presumption are not fulfilled; here even the cause of death was not known. (¶¶ 22, 23)
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.