What is Section 498A of IPC? During course of the investigation site plan exhibit Ka-3 was prepared and statements of witnesses were recorded. Hon’ble Apex Court in the case of V.K. When offence of dowry death under Section 304B of the IPC can be made out? Iqbal on 22.06.2004 vide post-mortem report exhibit Ka-2. Please provide your consent for the following so that we can ensure that you have an enjoyable experience on our website. 7 gave one opinion. We are of the view, in the facts and circumstances of the case, that a sentence of 10 years’ rigorous imprisonment would meet the ends of justice. Interestingly no such period is specified in S 498A. The defence could have examined the doctor concerned or even summoned the record from the hospital to prove that in fact the deceased has suffered such ailment and had also been treated for such ailment.”. Close scrutiny of evidence shows that marriage of deceased with accused appellant has taken place in June, 1998 and alleged incident took place on 21.06.2004 and thus, it is quite apparent that deceased has suffered death otherwise than under normal circumstances within seven years of her marriage. 33. Dowry death is defined in Section 304Bof the India… On 21.06.2004 at around 10:00 AM while the deceased has gone for collecting grass (fodder), she was done to death by accused-appellant and alleged Kismati Devi. The dowry custom reinforces the idea that girls and women are a burden on society and that their value can be reduced to money and material goods. 6 and Dr. Indu Latit, P.W. Perusal of record shows after alleged incident on 21.06.2004, accused-appellant has given an information to the police vide application exhibit Kha-1 on 21.06.2004 stating that when his wife has gone to collect grass in jungle, she has got herself hanged by neck’s noose of her ”saari’ on a katahal tree. The membranes and brain of deceased were congested. 18. Object of sentencing should be to protect society and to deter the criminal in achieving avowed object of law. Thus, from the evidence on record, the prosecution has proved that the deceased suffered unnatural death within 7 years of her marriage and that she was treated with cruelty in relation to demand of dowry. India holds the highest number of Dowry Death cases in the World. It is a statutory compulsion on the Court. One constable Devi Sharan Pandey was examined as DW-2. The interval between cruelty and death of deceased is not much and such gap has to be examined in the attending facts and circumstances of the matter. Here’s Why. In view of evidence there appears a proximate and live link between the effect or cruelty based on dowry demand and the death of deceased. It is related to dowry related cases. In Mustafa Shahdal Shaikh Vs. State of Maharashtra, AIR 2013 SC 851 it was observed by the Hon’ble Apex Court that “soon before death” means interval between cruelty and death should not be much. 8. In case Smt. This means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in India. When deceased told these facts to her maternal family, her father has given a buffalo and some cash to the appellant but he was still not satisfied and continued to harass the deceased. And deserve to be a dignified status in society. 2000/- under Section 4 DP Act. If that is shown then the court shall presume that such a person has caused the dowry death. Mishra and Neelima Mishra, each of them have undergone imprisonment of more than one year. The article aims to explain the concept of presumption as to dowry death. (Hem Chand v. State of Haryana reported in [(1994) 6 SCC 727]) In case of Kashmir Kaur Vs. State of Punjab, AIR 2013 SC 1039, Hon’ble Apex Court held that in a case of trial for dowry death the essential ingredients to attract the provisions of section 304-B I.P.C. (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. November 22, 2019 9:16 am. would show that when a question arises whether a person has committed the offence of dowry death of a woman that all that is necessary is it should be shown that soon before her unnatural death, which took place within seven years of the marriage and the deceased had been subjected, by such person, to cruelty or harassment for or in connection with demand for dowry. Post-mortem on the body of the deceased was conducted by PW-4 Dr. Mohd. It is further directed that the accused appellant shall furnish bail bond with surety to the satisfaction of the court concerned in terms of the provision of Section 437-A of Cr.P.C. It was further observed that it would be hazardous to indicate any fixed period, and that brings in the importance of a proximity test both for the proof of an offence of dowry death as well as for raising a presumption under Section 113-B of the Evidence Act. After hearing and analysing evidence on record, accused-appellant was convicted under Section 498-A, 304-B IPC and section of 4 of DP Act and sentenced as stated in opening paragraph of this judgment whereas co-accused Kismati Devi was acquitted. 31. The High Court in a very short judgment concluded that it was fully proved that the death of the deceased in her matrimonial home was a dowry death otherwise than in normal circumstances as a result of cruelty meted out to her and therefore an offence underSection 304-B I.P.C. According to them no injury was found on the dead body and that the same was highly decom-posed. It can therefore be seen that irrespective of the fact whether such person is directly responsible for the death of the deceased or not by virtue of the presumption, he is deemed to have committed the dowry death if there were such cruelty or harassment and that if the unnatural death has occurred within seven years from the date of marriage. It further condemned dowry death as a social evil by its enactment. A reading of Section 304-B IPC would show that when a question arises whether a person has committed the offence of dowry death of a woman what all that is necessary is it should be shown that soon before her unnatural death, which took place within seven years of the marriage, the deceased had been subjected, by such person, to cruelty or harassment for or in connection with demand for dowry. In the instant case no doubt the prosecution has proved that the deceased died an unnatural death namely due to strangulation, but there is no direct evidence connecting the accused. The offence of dowry death has been inserted in the IPC as Section 304-B by the Dowry Prohibition (Amendment) Act, 1986. and section 113-B of the Evidence Act is present with the idea of proximity text. Insertion of this provision by the legislature has proved to be a boon to its women citizens. The determination of the period which can come within the term “soon before” is left to be determined by the courts, depending upon facts and circumstances of each case. Suffice, however, to indicate that the expression ‘soon before’ would normally imply that the interval should not be much between the concerned cruelty or harassment and effect of cruelty based on dowry demand and the concerned death. This approximates to one bride being burned every hour. Dowry Death has been one of the most barbaric forms of cruelty inflicted on young brides in the matrimonial home. The evidence produced by the defence may disclose that the death was not caused by them, or that the death took place in normal course on account of any ailment or disease suffered by the deceased or that the death took place in a manner with which they were not at all connected. 7. New Delhi: The Supreme Court has canceled the anticipatory bail granted to an eminent doctor and his family by the Allahabad High Court after the medical practitioner's doctor wife died an unnatural death allegedly due to ill-treatment and violence by her husband and in-laws for dowry… In view of the evidence, the presumption enshrined under section 113-B Evidence Act can safely be raised against accused-appellant appellant. Likewise there is a presumption under Section 113-B of the Evidence Act as to the dowry death. The defence may adduce evidence in support of its defence or may make suggestions to the prosecution witnesses to elicit facts which may support their defence. 41. Inquest proceedings were conducted by S.I. (iii) Contusion 6.2 cm x 4.8 cm over mid part of right neck. The provision under sec 304-B are more stringent than provided U/s 498-A … After some months of marriage, when she came back to her paternal home, she told about demand of colour TV and golden chain being made by the accused-appellant and also stated that in case the demand is not fulfilled, her husband has threatened to kill her. also. 10, This has been the law stated in the following judgments: Ashok Kumar v. State of Haryana, (2010) 12 SCC 350 at pages 360-361; Bachni Devi & Anr. under the criminal law (SecondAmendment) Act, 1983 and by President of India to deal with dowry death cases and of cruelty caused to married women . The necessary ingredients to prove the offence of dowry death punishable under section 304-B IPC have been discussed by the Hon’ble Apex Court time and again. It is also established that deceased suffered death otherwise than under normal circumstances within seven years of her marriage. 9. Iqbal has conducted post mortem. A case of dowry death is made out if the following conditions are satisfied: If a woman's death is caused by burns, bodily injury or occurs under unnatural circumstances and the death occurs within 7 years of marriage. They used to demand a golden chain and colour TV as additional dowry. Section 304B is a provision which is peculiar in its scope and applicability. SECTION 498A: This particular section under Indian Penal Code (IPC) says that if husband of a woman or husband’s relatives subjects any forms of cruelty to the woman are liable for penalties which include imprisonment not less than 3 years as well fine up to certain extent as well as it’s a non bailable offence. After marriage, accused-appellant Ram Ajor and his family members used to harass the deceased on account of dowry. Under Section 304-B (dowry death) of the IPC, the minimum punishment is seven years but the maximum punishment can go up to life imprisonment. DOWRY DEATH RELATED LAWS The IndianPenal Code (I.P.C. If the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence. Vs DW-2 Constable Devi Sharan Pandey has stated that on 21.06.2004 at 16:05 hours Ram Ajor has submitted a tehrir, which was registered in general diary vide entry exhibit Kha-1. 32. PW-3 Kesra Devi is sister of first informant and she has also deposed that accused appellant used to harass the deceased on account of dowry. We tailor your experience and understand how you and other visitors use this website by using cookies and other technologies. Section 304 B dowry death. Death of legally It, … It was stated that marriage of deceased has taken place six years prior of the incident and that soon after the incident, accused-appellant himself has informed police vide exhibit kha-1. This section as well as section 113B of the Evidence Act enact a rule of presumption, i.e., if death occurs within seven years of marriage in suspicious circumstances. Considering their age and ailments and facts and circumstances of the case, life imprisonment imposed on appellants V.K. IPC SECTION 304 -B Also, section 113B of the Indian Evidence Act, 1872 states the presumption as to dowry death. The accused-appellant has not taken any such specific plea that PW 1 did not visit his house one week prior of incident. 1 and 2 are aged about seventy and sixty four years and are said to be suffering from various ailments. In Kulwant Singh & Ors. Applying the principles of law laid down in the aforementioned cases and having regard to the totality of facts and circumstances of the instant case including the fact that accused-appellant Ram Ajor in custody since last 16 years, we are of the considered opinion that the ends of justice would meet, if we reduce the sentence of the appellant from life imprisonment to that of already undergone by the accused-appellant. Thus it clear that death of deceased was ”otherwise than under normal circumstances”. The provisions Under Section 304B of Indian Penal Code are more stringent than provided under Section 498A of Indian Penal code. 12. In the said case, the father-in-law was about eighty years and his legs had been amputated because of severe diabetes and mother-in-law was seventy eight years of age and the Supreme Court held impermissibility of reduction of sentence on the ground of sympathy below the statutory minimum. Respondent, For Appellants : Sri Sheetala Prasad Pandey. related to dowry) from her husband or his relatives, section 306 IPC addresses abetment of suicide. Dowry Death relates to a bride’s suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. There is clear and consistent evidence that after marriage, accused-appellant used to demand golden chain and colour TV as additional dowry and on that account he harassed the deceased. Likewise there is a presumption under Section 113-B of the Evidence Act as to the dowry death. There are no reasons to disbelive their evidence. 30.6% of total cases of dowry deaths were reported in Uttar Pradesh (2335 cases) alone, followed by Bihar (1154 cases). If alleged incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of the woman concerned, it would be of no consequence. The trial court also noted that there were two sets of medical evidence on the file in respect of the death of the deceased. Section 304-B was inserted in the IPC which creates a new offence in the name of ‘dowry death’. 2. This was a gradual decrease from the 2014, in which this number was approximately 8.5 thousand. committed the murder of Sushma Devi, wife of Arun Kumar Sharma for dowry and Amendments to the Indian Evidence Act (IEA) introduced a presumption of abetted suicide, which is a form of dowry death, and a separate presumption of dowry death. 28. Further, the provision is applicable if the following essentials are present in the offence committed- 1. In the case of G.V. ”Presumption under Section 113-B is a presumption of law. (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. The Nisha Sharma dowry case was an anti-dowry lawsuit in India that represented how IPC 498A law can be misused. Recently in Criminal Appeal No. … Continue reading Dowry Cases: Section 498-A of IPC Thus, it established that deceased was subjected to cruelty or harassment by her husband / accused-appellant in connection with demand for dowry and that such cruelty or harassment was soon before her death. 35. A reading of Section 304-B I.P.C. The Supreme Court has acquitted a man who was convicted by the Trial Court and the High Court in a dowry death case.In this case, the accused's … According sentence of life imprisonment awarded by the trial for the offence under section 304-B IPC is reduced and the accused-appellant Ram Ajor is sentenced to the period already undergone by him. The provision is given wider scope as to cover all deaths of wives who are dead within seven years of marriage, the presumption of offence provides this scope. The High Court had taken up the case on appeal after the … The allegation against all the three was that they. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fro… In this regard the statement of PW 1 is consistent with FIR and his previous statement and it is amply corroborated by PW 2. In the context that women and girls are seen as a financial burden, a dowry is a gift meant to offset that burden. 40 and 41 of the judgment has held as under:-. Section 304B Dowry death— (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be … 2321 of 2009, the Hon’ble Apex Court held as under (para 9 & 10): ”9, The ingredients of the offence under Section 304-B have been stated and restated in many judgments. Section 304B IPC thus prescribes statutory minimum of seven years. PW-1 Surya Bhan and PW-2 Daya Ram have made quite clear and cogent statements. Deceased Vimla has sustained following injuries:-. Section 498-A IPC was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. vs. State of Punjab, (2013) 4 SCC 177, while dealing with dowry death Section 304B and 498A IPC in which death was caused by poisoning within seven years of marriage conviction was affirmed. In view of the evidence on record coupled with presumption prescribed under section 113-B Evidence Act, we reach to conclusion that conviction of accused-appellant under section 498-A, 304-B IPC and section 4 DP Act is based on evidence and accordingly conviction of accused-appellant for said charges is hereby affirmed. To tackle such issues the government of India passed the Dowry Prohibition Act 1961 and also introduced many provisions in IPC to take care of this issue, but the problem has such deep social roots that in a very few cases the accused is punished because it is very difficult to prove a dowry case. 35. Murder and section 306 IPC abetment to suicide. This section as well as section 113B of the Evidence Act enact a rule of presumption, i.e., if death occurs within seven years of marriage in suspicious circumstances. No definite period has been indicated and the expression “soon before hear death” is not defined. 14. 267 of of 2004 (State Vs. Ram Ajor and another), Police Station Dudhara, District Basti, whereby accused-appellant Ram Ajor has been convicted under sections 498A, 304-B of Indian Penal Code (hereinafter referred as IPC) and Section 4 of Dowry Prohibition Act (hereinafter refered as DP Act) and he was sentenced to three years rigorous imprisonment along with fine of Rs. The death toll due to Covid-19 in Uttar Pradesh rose to 8,103 on Tuesday with 20 more fatalities, while 1,336 fresh cases pushed the tally to 5,68,064 in the state, an official said. Dowry death, in 1986 a new offence know as dowry death was inserted in the IPC by the virtue of section 304-B. Now coming to the question of sentence, it can be seen thatSection 304-B I.P.C., lays down that “Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.” The point for consideration is whether the extreme punishment of imprisonment for life is warranted in the instant case. Student Notes - IPC - Dowry Death - Important Cases DOWRY. (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for … New Delhi [India], November 30 (ANI): The Supreme Court has set a man free who was sentenced to ten years of jail by a trial and High Court in a dowry death case of his wife. “Dowry death” can be seen as a result of a unique form of violence suffered by Indian women. Dr. Usha Rani, P.W. So once the court raises presumption under section 113-B Evidence Act, the court has no option but to presume that the accused had caused dowry death unless the accused disproves it. 11. Out of this wedlock, they were blessed with three children and appellant has to take care of them. In conclusion, we are satisfied that in the facts and circumstances of the case, the appellant was rightly convicted under section 304-B IPC. In 2016, reported dowry death cases in India amounted to more than 7.1 thousand. 16. As stated earlier, from evidence on record it is established that deceased Vimla was subjected to cruelty or harassment by her husband / appellant in connection with the demand for dowry and that such cruelty and harassment was soon before her death. The explanation to this section says that for the purposes of this section, “dowry death” shall have the same meaning as in section 304B of the Indian Penal Code, 1860. v. State of Punjab, (2013) 4 SCC 177 at 184-185, Surinder Singh v. State of Haryana, (2014) 4 SCC 129 at 137, Raminder Singh v. State of Punjab, (2014) 12 SCC 582 at 583, Suresh Singh v. State of Haryana, (2013) 16 SCC 353 at 361, Sher Singh v. State of Haryana, 2015 1 SCALE 250 at 262.”. Punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated, enormity of crime warranting public abhorrence and it should ‘respond to society’s cry for justice against the criminal’. In fact, this Court in the case of Hem Chand Vs. State of Haryana (1994) 6 SCC 727 has held that while imposing the sentence, awarding extreme punishment of imprisonment for life under Section 304-B IPC should be in rare cases and not in every case. The appellant is a young man and has already undergone 6 years of imprisonment after being convicted by the Additional Sessions Judge and the High Court. Therefore at the most it can be said that the prosecution proved that it was an unnatural death in which case also Section 304-B I.P.C. Forensic expert, as a rule, must try his level best to find out the In case of Banshi Lal Vs. Though this appeal is being pressed on behalf of appellant on the quantum of sentence only, however, we have gone through the entire evidence. PW 1 has further stated that he has visited his sister only one week prior to the incident and she told that she was being beaten and harassed by the accused-appellant. In order to access website you need to accept our cookie policy. PW-5 Ashok Kumar, Circle Officer has conducted investigation and PW-6 Head Constable Daya Shanker Yadav has recorded FIR and he has also proved inquest report by way of secondary evidence. Investigation was conducted by PW-5 Ashok Kumar, Circle Officer, Mehdawal, Basti. Appellants No. Coming to the sentence the High Court pointed out that the accused-appellant was a police employee and instead of checking the crime he himself indulged therein and precipitated in it and that bride killing cases are on the increase and therefore a serious view has to be taken. Bench: JUSTICES Altamas Kabir & H.L. Section 113-B of the Evidence Act, by shifting the onus on the accused in dowry death cases, is a very important tool in aid of penalising dowry deaths. The case got much coverage from Indian and international media. PATNA: Police on Sunday forwarded three persons, including two women, to jail for allegedly torturing a woman for dowry, which forced her to commit su. 17. Death of deceased was accidental as she was suffering from epilepsy for last 3 years — This fact is fortified by DW 1-Doctor and DW 2-Investigating Officer, who recorded her statement. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. Fastest growing women 's website appellant has to take care of them have undergone imprisonment of more five. Judgement defining 498A and 304-B – dowry death cases in India that how... Has failed to rebut the said presumption of burn injuries and 304-B – death! 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