The Supreme Court recently ruled that the husband cannot be convicted for dowry death solely based on the unnatural death of his wife in their matrimonial home within seven years of marriage.
“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 appellant’s conviction and sentence under Sections 304B (dowry death), 498A (cruelty towards a woman), and 201 of the Indian Penal Code, which were imposed by the Trial Court and upheld by the Uttarakhand High Court, were set aside by a Bench comprising Justice AS Oka and Justice Rajesh Bindal. The Trial Court had sentenced the appellant to 10 years of rigorous imprisonment under Section 304B, 2 years under Section 498A, and 2 years under Section 201 for causing disappearance of evidence or giving false information to screen the offender. However, the High Court reduced the sentence under Section 304B to seven years.
Factual Background
Since their marriage in 1993, the appellant and the deceased had been living in their matrimonial home. In 1995, the deceased’s father filed a complaint with the local Police Station alleging dowry death, providing a detailed account of the dowry demands made by the appellant’s in-laws. The father further claimed that his daughter was beaten and strangulated to death by her husband (the appellant), brother-in-law, and mother-in-law, and that they cremated her body without informing him. Subsequently, a chargesheet was filed against all three after investigation, and the Trial Court convicted them under Sections 304B, 498A, and 201 of the Indian Penal Code. However, in the appeal, the High Court of Uttarakhand set aside the conviction and sentence of the brother-in-law and mother-in-law, acquitting them of all charges. The appellant’s sentence under Section 304B was reduced from ten to seven years.
Analysis by the Supreme Court
The Court observed that the appellant’s conviction under Sections 304B and 498A of the Indian Penal Code raises a presumption of dowry death within seven years of marriage. Upon reviewing Sections 304B, 498A of the IPC, Section 113B of the Indian Evidence Act, and relevant judgments related to dowry death, the Court deemed it necessary to examine whether the presumption can be applied against the appellant in the present case, thereby shifting the burden of proof onto him.
The Court observed that although the parents of the deceased were not present during the cremation, the maternal grandmother and two maternal uncles were present, but they did not raise any concerns or inform the police. In cases of dowry death, the cruelty and harassment must occur shortly before the death. However, in the present case, the father of the deceased’s testimony did not reveal any information about dowry demands being raised just before her death. All the instances of dowry demands mentioned by the father of the deceased were relatively old.
After reviewing the statements of the prosecution witnesses, the Court observed that none of them mentioned any instances of cruelty or harassment of the deceased by the appellant or any of his family members in relation to dowry. The allegations were limited to demands for a motorcycle and land, which were made well before the death of the deceased.
The Court concluded –
“The aforesaid 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.”
Case details
Charan Singh @ Charanjit Singh v. State of Uttarakhand| 2023 LiveLaw SC | Civil Appeal No. 447 of 2012| 20th April, 2023| Justice AS Oka and Justice Rajesh Bindal
Source: https://www.livelaw.in/supreme-court/supreme-court-dowry-death-section-304b-ipc-unnatural-death-of-wife-in-matrimonial-home-within-seven-years-of-marriage-227111