As per case facts, deceased Babita died an unnatural death by hanging within six months of her marriage. The prosecution alleged cruelty and harassment by her husband and his parents ...
CRA-S-2244
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Whether only operative part of the judgment is Pronounced:
Whether full judgment is pronounced: YES
ISHWAR SINGH AND ORS.
STATE OF HARYANA
CORAM: HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL
Present: Mr. Ravinder Malik, Advocate for the appellants.
Mr. Mohit Chaudhary, AAG Haryana.
RUPINDERJIT CHAHAL, J. (ORAL)
1. The present appeal has been filed by the appellants assailing the
judgment of conviction dated 20.10.2004 and
21.10.2004 passed by the learned Additional Sessions Judge, Bhiwani,
whereby appellants were convicted under Sections 304
Indian Penal Code, 1860 (for short, ‘IPC’) and appellant Nos.1 and 2 were
sentenced to underg
B IPC along with a fine of Rs.2000/
year under Section 406 IPC each. In default of payment of fine, they were
further directed to undergo rigorous imprisonment fo
Appellant No.3, namely Jatinder Singh (husband of deceased)
1
2244-SB-2004
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRA
Reserved on:
Pronounced on: 20.07.2026
Uploaded on:
Whether only operative part of the judgment is Pronounced:
Whether full judgment is pronounced: YES
ISHWAR SINGH AND ORS.
V/s
STATE OF HARYANA
HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL
Mr. Ravinder Malik, Advocate for the appellants.
Mr. Mohit Chaudhary, AAG Haryana.
*****
RUPINDERJIT CHAHAL, J. (ORAL)
The present appeal has been filed by the appellants assailing the
judgment of conviction dated 20.10.2004 and
21.10.2004 passed by the learned Additional Sessions Judge, Bhiwani,
whereby appellants were convicted under Sections 304
Indian Penal Code, 1860 (for short, ‘IPC’) and appellant Nos.1 and 2 were
sentenced to undergo rigorous imprisonment for 07 years under Section 304
B IPC along with a fine of Rs.2000/- each and rigorous imprisonment for 01
year under Section 406 IPC each. In default of payment of fine, they were
further directed to undergo rigorous imprisonment fo
Appellant No.3, namely Jatinder Singh (husband of deceased)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRA-S-2244-SB-2004
Reserved on: 18.05.2026
Pronounced on: 20.07.2026
Uploaded on: 20.07.2026
Whether only operative part of the judgment is Pronounced: NO
....Appellants
....Respondent
HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL
Mr. Ravinder Malik, Advocate for the appellants.
Mr. Mohit Chaudhary, AAG Haryana.
The present appeal has been filed by the appellants assailing the
judgment of conviction dated 20.10.2004 and order of sentence dated
21.10.2004 passed by the learned Additional Sessions Judge, Bhiwani,
whereby appellants were convicted under Sections 304-B and 406 of the
Indian Penal Code, 1860 (for short, ‘IPC’) and appellant Nos.1 and 2 were
o rigorous imprisonment for 07 years under Section 304-
each and rigorous imprisonment for 01
year under Section 406 IPC each. In default of payment of fine, they were
further directed to undergo rigorous imprisonment for six months each.
Appellant No.3, namely Jatinder Singh (husband of deceased)
The present appeal has been filed by the appellants assailing the
order of sentence dated
21.10.2004 passed by the learned Additional Sessions Judge, Bhiwani,
B and 406 of the
Indian Penal Code, 1860 (for short, ‘IPC’) and appellant Nos.1 and 2 were
each and rigorous imprisonment for 01
year under Section 406 IPC each. In default of payment of fine, they were
Appellant No.3, namely Jatinder Singh (husband of deceased)
CRA-S-2244
was convicted under Section 304
rigorous imprisonment for 10 years under Section 304
fine of Rs.5000/
undergo rigorous imprisonment for 01 year. He was also sentenced to
undergo rigorous imprisonment for 01 year under Section 406 IPC. Both the
substantive sentences were ordered to run concurrently.
1.1 During
namely Jitender Singh unfortunately expired on 21.05.2006. Consequently,
vide order dated 25.09.2018, the appeal, in so far as it related to him, stood
abated. The present appeal, therefore, survives only
2, who are the father
2. Briefly stated the
died an unnatural death by hanging within about six months of her marriage
with Jitender Singh (appellant No.3
prosecution, soon before her death, she
harassment by her husband and his parents in connection with an alleged
demand for a car or in the alternative a sum of Rs.2,
dowry.
On the basis of the allegations levelled by the complainant, Jai
Bhagwan, brother of deceased
against the accused persons.
3. To substantiate its case, the prosecution examined PW
Constable Dharampal, PW
Singh, PW-4 Surender, PW
Draftsman, PW
2
2244-SB-2004
was convicted under Section 304-B and 406 IPC and sentenced to undergo
rigorous imprisonment for 10 years under Section 304
fine of Rs.5000/-. In default of payment of fine, he was directed to further
undergo rigorous imprisonment for 01 year. He was also sentenced to
undergo rigorous imprisonment for 01 year under Section 406 IPC. Both the
substantive sentences were ordered to run concurrently.
During the pendency of the present appeal, appellant No.3
namely Jitender Singh unfortunately expired on 21.05.2006. Consequently,
vide order dated 25.09.2018, the appeal, in so far as it related to him, stood
abated. The present appeal, therefore, survives only
2, who are the father-in-law and mother-in-law of the deceased
Briefly stated the case of prosecution is that deceased, Babita
died an unnatural death by hanging within about six months of her marriage
der Singh (appellant No.3 - since deceased). According to the
prosecution, soon before her death, she was
harassment by her husband and his parents in connection with an alleged
demand for a car or in the alternative a sum of Rs.2,
On the basis of the allegations levelled by the complainant, Jai
Bhagwan, brother of deceased-Babita a criminal case came to be registered
against the accused persons.
To substantiate its case, the prosecution examined PW
Constable Dharampal, PW-2 Head Constable Rajpal, PW
4 Surender, PW-5 Dr. S.S. Dhankar, PW
Draftsman, PW-7 SI Om Parkash, PW-8 EHC Krishan Kumar, PW
B and 406 IPC and sentenced to undergo
rigorous imprisonment for 10 years under Section 304-B IPC along with a
payment of fine, he was directed to further
undergo rigorous imprisonment for 01 year. He was also sentenced to
undergo rigorous imprisonment for 01 year under Section 406 IPC. Both the
substantive sentences were ordered to run concurrently.
the pendency of the present appeal, appellant No.3
namely Jitender Singh unfortunately expired on 21.05.2006. Consequently,
vide order dated 25.09.2018, the appeal, in so far as it related to him, stood
abated. The present appeal, therefore, survives only qua appellant Nos. 1 and
law of the deceased respectively.
prosecution is that deceased, Babita
died an unnatural death by hanging within about six months of her marriage
since deceased). According to the
was subjected to cruelty and
harassment by her husband and his parents in connection with an alleged
demand for a car or in the alternative a sum of Rs.2,00,000/- in cash as
On the basis of the allegations levelled by the complainant, Jai
Babita a criminal case came to be registered
To substantiate its case, the prosecution examined PW-1 Head
2 Head Constable Rajpal, PW-3 ASI Kanwar
5 Dr. S.S. Dhankar, PW-6 Kanwar Pal
8 EHC Krishan Kumar, PW-9
B and 406 IPC and sentenced to undergo
B IPC along with a
payment of fine, he was directed to further
undergo rigorous imprisonment for 01 year. He was also sentenced to
undergo rigorous imprisonment for 01 year under Section 406 IPC. Both the
the pendency of the present appeal, appellant No.3
namely Jitender Singh unfortunately expired on 21.05.2006. Consequently,
vide order dated 25.09.2018, the appeal, in so far as it related to him, stood
qua appellant Nos. 1 and
prosecution is that deceased, Babita
died an unnatural death by hanging within about six months of her marriage
since deceased). According to the
subjected to cruelty and
harassment by her husband and his parents in connection with an alleged
in cash as
On the basis of the allegations levelled by the complainant, Jai
Babita a criminal case came to be registered
Head
3 ASI Kanwar
6 Kanwar Pal
9
CRA-S-2244
Constable Satyawan, PW
(brothers of the deceased) and PW
4. After the prosecution evidence was concluded, the statements of
the accused persons were recorded under Section 313 of Criminal Procedure
Code, 1973. All incriminating circumstances appearing in the p
evidence were put to them.
4.1 The accused persons denied the allegations in
false implication. It was specifically denied that any demand for dowry had
ever been raised or that the deceased had been subjected to harassment or
cruelty on account thereof. The defence taken by the accused was that the
deceased committed sui
Singh further set up a plea of alibi, pleading that he was on duty on the given
date of occurrence
informed of the incident by a sweeper and a neighb
4.2 In support of their defence, the accused examined DW
Ravinder Kumar, DW
Singh, DW-5 Praveen Kumar, DW
attendance record to substantiate the plea of alibi, DW
8 Satish Kumar and DW
print expert, who sought to prove certain letters and writings allegedly
authored by the deceased.
4.3 Upon appreciation of oral and documentary evidence, the
learned Trial
noticed herein
5. Learned counsel appearing for the appellants has assailed the
3
2244-SB-2004
Constable Satyawan, PW-10 Jai Bhagwan & PW
rothers of the deceased) and PW-12 SI Dharam Singh.
After the prosecution evidence was concluded, the statements of
the accused persons were recorded under Section 313 of Criminal Procedure
Code, 1973. All incriminating circumstances appearing in the p
evidence were put to them.
The accused persons denied the allegations in
false implication. It was specifically denied that any demand for dowry had
ever been raised or that the deceased had been subjected to harassment or
cruelty on account thereof. The defence taken by the accused was that the
deceased committed suicide while she was alone at home. Accused Ishwar
Singh further set up a plea of alibi, pleading that he was on duty on the given
of occurrence and had gone to a doctor for medicine, and that they were
informed of the incident by a sweeper and a neighb
In support of their defence, the accused examined DW
Ravinder Kumar, DW-2 Karan Singh, DW-3 Smt. Kaushalya, DW
5 Praveen Kumar, DW-6 Jagan Singh who produced the
attendance record to substantiate the plea of alibi, DW
8 Satish Kumar and DW-9 Shamsher Singh Malik, a handwriting and finger
print expert, who sought to prove certain letters and writings allegedly
authored by the deceased.
Upon appreciation of oral and documentary evidence, the
learned Trial Court convicted and sentenced the accused in the manner
herein above.
Learned counsel appearing for the appellants has assailed the
10 Jai Bhagwan & PW-11 Surender Singh
12 SI Dharam Singh.
After the prosecution evidence was concluded, the statements of
the accused persons were recorded under Section 313 of Criminal Procedure
Code, 1973. All incriminating circumstances appearing in the prosecution
The accused persons denied the allegations in toto, pleaded
false implication. It was specifically denied that any demand for dowry had
ever been raised or that the deceased had been subjected to harassment or
cruelty on account thereof. The defence taken by the accused was that the
cide while she was alone at home. Accused Ishwar
Singh further set up a plea of alibi, pleading that he was on duty on the given
and had gone to a doctor for medicine, and that they were
informed of the incident by a sweeper and a neighbour.
In support of their defence, the accused examined DW-1
3 Smt. Kaushalya, DW-4 Dhoop
6 Jagan Singh who produced the
attendance record to substantiate the plea of alibi, DW-7 Jai Bhagwan, DW-
9 Shamsher Singh Malik, a handwriting and finger
print expert, who sought to prove certain letters and writings allegedly
Upon appreciation of oral and documentary evidence, the
Court convicted and sentenced the accused in the manner
Learned counsel appearing for the appellants has assailed the
11 Surender Singh
After the prosecution evidence was concluded, the statements of
the accused persons were recorded under Section 313 of Criminal Procedure
rosecution
, pleaded
false implication. It was specifically denied that any demand for dowry had
ever been raised or that the deceased had been subjected to harassment or
cruelty on account thereof. The defence taken by the accused was that the
cide while she was alone at home. Accused Ishwar
Singh further set up a plea of alibi, pleading that he was on duty on the given
and had gone to a doctor for medicine, and that they were
1
4 Dhoop
6 Jagan Singh who produced the
9 Shamsher Singh Malik, a handwriting and finger
print expert, who sought to prove certain letters and writings allegedly
Upon appreciation of oral and documentary evidence, the
Court convicted and sentenced the accused in the manner
Learned counsel appearing for the appellants has assailed the
CRA-S-2244
impugned judgment primarily on the ground that the learned Trial Court
failed to appreciate the evidence on reco
recorded the conviction on the basis of conjectures and surmises.
5.1 It is contended that the prosecution has failed to establish the
essential ingredients constituting the offences under Sections 304
IPC and therefore, the statutory presumption under Section 113
Indian Evidence Act, 1872 could never have been invoked against the
appellants.
5.2. Learned counsel submits that the defence consistently pleaded
that the deceased was emotionally disturbed a
herself with the marriage. According to the defence, prior to her marriage
she was emotionally attached to one Raju, and her inability to come to terms
with the changed circumstances ultimately led her to commit suicide. It is
argued that the learned Trial Court failed to consider this defence in its
proper perspective despite substantial evidence having been adduced in
support thereof.
Particular emphasis has been laid upon several letters, notes and
writings allegedly authored
Mark-DA, Mark
learned counsel, these writings unmistakably reflect the mental condition of
the deceased, her emotional turmoil and the absence of any alle
against her in
records that her in
herself was to blame for her predicament. It has further been argued that the
prosecution delibe
4
2244-SB-2004
impugned judgment primarily on the ground that the learned Trial Court
failed to appreciate the evidence on record in its correct perspective and
recorded the conviction on the basis of conjectures and surmises.
It is contended that the prosecution has failed to establish the
essential ingredients constituting the offences under Sections 304
herefore, the statutory presumption under Section 113
Indian Evidence Act, 1872 could never have been invoked against the
Learned counsel submits that the defence consistently pleaded
that the deceased was emotionally disturbed a
herself with the marriage. According to the defence, prior to her marriage
she was emotionally attached to one Raju, and her inability to come to terms
with the changed circumstances ultimately led her to commit suicide. It is
gued that the learned Trial Court failed to consider this defence in its
proper perspective despite substantial evidence having been adduced in
support thereof.
Particular emphasis has been laid upon several letters, notes and
writings allegedly authored by the deceased which were placed on record as
DA, Mark-DB, Mark-DC and Mark-C/1 to Mark
learned counsel, these writings unmistakably reflect the mental condition of
the deceased, her emotional turmoil and the absence of any alle
against her in-laws. It is submitted that one of the writings specifically
records that her in-laws were not responsible for her condition and that she
herself was to blame for her predicament. It has further been argued that the
prosecution deliberately withheld these writings from proper investigation
impugned judgment primarily on the ground that the learned Trial Court
rd in its correct perspective and
recorded the conviction on the basis of conjectures and surmises.
It is contended that the prosecution has failed to establish the
essential ingredients constituting the offences under Sections 304-B and 406
herefore, the statutory presumption under Section 113-B of the
Indian Evidence Act, 1872 could never have been invoked against the
Learned counsel submits that the defence consistently pleaded
that the deceased was emotionally disturbed and was unable to reconcile
herself with the marriage. According to the defence, prior to her marriage
she was emotionally attached to one Raju, and her inability to come to terms
with the changed circumstances ultimately led her to commit suicide. It is
gued that the learned Trial Court failed to consider this defence in its
proper perspective despite substantial evidence having been adduced in
Particular emphasis has been laid upon several letters, notes and
by the deceased which were placed on record as
C/1 to Mark-C/5.According to the
learned counsel, these writings unmistakably reflect the mental condition of
the deceased, her emotional turmoil and the absence of any allegations
laws. It is submitted that one of the writings specifically
laws were not responsible for her condition and that she
herself was to blame for her predicament. It has further been argued that the
rately withheld these writings from proper investigation
impugned judgment primarily on the ground that the learned Trial Court
rd in its correct perspective and
It is contended that the prosecution has failed to establish the
B and 406
B of the
Indian Evidence Act, 1872 could never have been invoked against the
Learned counsel submits that the defence consistently pleaded
nd was unable to reconcile
herself with the marriage. According to the defence, prior to her marriage
she was emotionally attached to one Raju, and her inability to come to terms
with the changed circumstances ultimately led her to commit suicide. It is
gued that the learned Trial Court failed to consider this defence in its
proper perspective despite substantial evidence having been adduced in
Particular emphasis has been laid upon several letters, notes and
by the deceased which were placed on record as
C/5.According to the
learned counsel, these writings unmistakably reflect the mental condition of
gations
laws. It is submitted that one of the writings specifically
laws were not responsible for her condition and that she
herself was to blame for her predicament. It has further been argued that the
rately withheld these writings from proper investigation
CRA-S-2244
and made no effort whatsoever to have them scientifically examined through
any handwriting expert.
5.3 Learned counsel further submits that in order to prove the
authenticity of the writing, the def
Malik, Handwriting and Fingerprint Expert, who opined that disputed
writings were in the handwriting of the deceased. It is submitted that once
expert evidence admissible under Section 45 of the Indian Evidence Act,
1872 had been led by the defence and remained unrebutted by any scientific
evidence from the prosecution, the learned Trial Court could not have
discarded the same merely on the basis of its visual comparison of
handwriting. Such an approach, according to the le
to the settled principle governing appreciation of expert evidence.
5.4 It has been argued that the prosecution version suffers from
material contradictions going to the root of the case. Learned counsel
submits that PW
admittedly the real brothers of the deceased and constitute
of the prosecution, made mutually inconsistent statements regarding the
alleged payment of Rs.50,000/
witness (PW-
the Baraat, the ot
the time of engagement ceremony. PW
examination that only Re.1/
ceremony, thereby probablising the defence version that the marriage wa
performed in a simple manner without any demand for dowry.
5.5 It has also been contended that despite serious allegations of
5
2244-SB-2004
and made no effort whatsoever to have them scientifically examined through
any handwriting expert.
Learned counsel further submits that in order to prove the
authenticity of the writing, the defence examined DW
Malik, Handwriting and Fingerprint Expert, who opined that disputed
writings were in the handwriting of the deceased. It is submitted that once
expert evidence admissible under Section 45 of the Indian Evidence Act,
ad been led by the defence and remained unrebutted by any scientific
evidence from the prosecution, the learned Trial Court could not have
discarded the same merely on the basis of its visual comparison of
handwriting. Such an approach, according to the le
to the settled principle governing appreciation of expert evidence.
It has been argued that the prosecution version suffers from
material contradictions going to the root of the case. Learned counsel
submits that PW-10 Jai Bhagwan and PW
admittedly the real brothers of the deceased and constitute
of the prosecution, made mutually inconsistent statements regarding the
alleged payment of Rs.50,000/- during the marriage ceremony. While one
-11) stated that the amount was paid at the time of departure of
, the other (PW-10) deposed that the payment had been made at
the time of engagement ceremony. PW-10 further admitted in cross
examination that only Re.1/- had been exchanged at the engagement
ceremony, thereby probablising the defence version that the marriage wa
performed in a simple manner without any demand for dowry.
It has also been contended that despite serious allegations of
and made no effort whatsoever to have them scientifically examined through
Learned counsel further submits that in order to prove the
ence examined DW-9 Shamsher Singh
Malik, Handwriting and Fingerprint Expert, who opined that disputed
writings were in the handwriting of the deceased. It is submitted that once
expert evidence admissible under Section 45 of the Indian Evidence Act,
ad been led by the defence and remained unrebutted by any scientific
evidence from the prosecution, the learned Trial Court could not have
discarded the same merely on the basis of its visual comparison of
handwriting. Such an approach, according to the learned counsel, is contrary
to the settled principle governing appreciation of expert evidence.
It has been argued that the prosecution version suffers from
material contradictions going to the root of the case. Learned counsel
10 Jai Bhagwan and PW-11 Surender Singh, who are
admittedly the real brothers of the deceased and constitute as star witnesses
of the prosecution, made mutually inconsistent statements regarding the
during the marriage ceremony. While one
11) stated that the amount was paid at the time of departure of
10) deposed that the payment had been made at
10 further admitted in cross-
had been exchanged at the engagement
ceremony, thereby probablising the defence version that the marriage was
performed in a simple manner without any demand for dowry.
It has also been contended that despite serious allegations of
and made no effort whatsoever to have them scientifically examined through
Learned counsel further submits that in order to prove the
9 Shamsher Singh
Malik, Handwriting and Fingerprint Expert, who opined that disputed
writings were in the handwriting of the deceased. It is submitted that once
expert evidence admissible under Section 45 of the Indian Evidence Act,
ad been led by the defence and remained unrebutted by any scientific
evidence from the prosecution, the learned Trial Court could not have
discarded the same merely on the basis of its visual comparison of
arned counsel, is contrary
It has been argued that the prosecution version suffers from
material contradictions going to the root of the case. Learned counsel
11 Surender Singh, who are
as star witnesses
of the prosecution, made mutually inconsistent statements regarding the
during the marriage ceremony. While one
11) stated that the amount was paid at the time of departure of
10) deposed that the payment had been made at
had been exchanged at the engagement
s
It has also been contended that despite serious allegations of
CRA-S-2244
persistent dowry demand and harassment, neither the father nor the mother
of the deceased entered into the witness box, though
natural witnesses. Likewise, the mediator through whom the marriage had
been arranged was also withheld by the prosecution. According to the
learned counsel an adverse inference, deserves to be drawn against the
prosecution on this accou
5.6 It has been further argued that the learned Trial Court erred in
rejecting the plea of alibi raised on behalf of the appellant No.1 Ishwar
Singh. Reliance has been placed upon the testimony of DW
Time Keeper, C.C.I., Charkhi Dadri,
registers Ex.DN, Ex.DM and Ex.DO showing that appellant No.1 remained
present on duty from 8.00 AM to 5.00 PM on the date of occurrence.
Learned counsel submits that the learned Trial Court rejected this
documentary evi
left his place of work as his residence was situated within the factory
premises. Such reasoning, it is argued is wholly speculative and
impermissible in criminal trial where the prosecution is requir
guilt beyond reasonable doubt.
5.7 Learned counsel has further submitted that the medical evidence
has not been correctly appreciated by the learned Trial Court. It is argued
that PW-5 Dr. S.S. Dhankar did not conclusively rule out suicida
and during
Jurisprudence and Toxicology
necessarily exclude death by suicide. It is thus contended that medical
evidence is not inconsistent wi
6
2244-SB-2004
persistent dowry demand and harassment, neither the father nor the mother
of the deceased entered into the witness box, though
natural witnesses. Likewise, the mediator through whom the marriage had
been arranged was also withheld by the prosecution. According to the
learned counsel an adverse inference, deserves to be drawn against the
prosecution on this account.
It has been further argued that the learned Trial Court erred in
rejecting the plea of alibi raised on behalf of the appellant No.1 Ishwar
Singh. Reliance has been placed upon the testimony of DW
Time Keeper, C.C.I., Charkhi Dadri, who produced the official attendance
registers Ex.DN, Ex.DM and Ex.DO showing that appellant No.1 remained
present on duty from 8.00 AM to 5.00 PM on the date of occurrence.
Learned counsel submits that the learned Trial Court rejected this
documentary evidence on mere assumptions that the appellant could have
left his place of work as his residence was situated within the factory
premises. Such reasoning, it is argued is wholly speculative and
impermissible in criminal trial where the prosecution is requir
guilt beyond reasonable doubt.
Learned counsel has further submitted that the medical evidence
has not been correctly appreciated by the learned Trial Court. It is argued
5 Dr. S.S. Dhankar did not conclusively rule out suicida
cross-examination admitted that as per
Jurisprudence and Toxicology, the absence of certain classical signs does not
necessarily exclude death by suicide. It is thus contended that medical
evidence is not inconsistent with the defence version.
persistent dowry demand and harassment, neither the father nor the mother
of the deceased entered into the witness box, though they were the most
natural witnesses. Likewise, the mediator through whom the marriage had
been arranged was also withheld by the prosecution. According to the
learned counsel an adverse inference, deserves to be drawn against the
It has been further argued that the learned Trial Court erred in
rejecting the plea of alibi raised on behalf of the appellant No.1 Ishwar
Singh. Reliance has been placed upon the testimony of DW-6 Jagan Singh,
who produced the official attendance
registers Ex.DN, Ex.DM and Ex.DO showing that appellant No.1 remained
present on duty from 8.00 AM to 5.00 PM on the date of occurrence.
Learned counsel submits that the learned Trial Court rejected this
dence on mere assumptions that the appellant could have
left his place of work as his residence was situated within the factory
premises. Such reasoning, it is argued is wholly speculative and
impermissible in criminal trial where the prosecution is required to establish
Learned counsel has further submitted that the medical evidence
has not been correctly appreciated by the learned Trial Court. It is argued
5 Dr. S.S. Dhankar did not conclusively rule out suicidal hanging
examination admitted that as per Modi’s Medical
absence of certain classical signs does not
necessarily exclude death by suicide. It is thus contended that medical
th the defence version.
persistent dowry demand and harassment, neither the father nor the mother
they were the most
natural witnesses. Likewise, the mediator through whom the marriage had
been arranged was also withheld by the prosecution. According to the
learned counsel an adverse inference, deserves to be drawn against the
It has been further argued that the learned Trial Court erred in
rejecting the plea of alibi raised on behalf of the appellant No.1 Ishwar
6 Jagan Singh,
who produced the official attendance
registers Ex.DN, Ex.DM and Ex.DO showing that appellant No.1 remained
present on duty from 8.00 AM to 5.00 PM on the date of occurrence.
Learned counsel submits that the learned Trial Court rejected this
dence on mere assumptions that the appellant could have
left his place of work as his residence was situated within the factory
premises. Such reasoning, it is argued is wholly speculative and
ed to establish
Learned counsel has further submitted that the medical evidence
has not been correctly appreciated by the learned Trial Court. It is argued
l hanging
Modi’s Medical
absence of certain classical signs does not
necessarily exclude death by suicide. It is thus contended that medical
CRA-S-2244
5.8 Finally it has been argued that the allegations regarding dowry
are vague, omnibus and unsupported by any independent evidence. There is
no reliable material to establish that deceased was subjected to cruelty or
harassment in connection with any demand for dowry “soon before her
death” which is an indispensable requirement for attracting Section 304
IPC.
5.9 Consequently, it is submitted that the conviction recorded by
the learned Trial Court deserves to be set aside and
entitled to acquittal by extending to them the benefit of doubt.
6. On the other hand, learned State counsel has supported the
impugned judgment of conviction and order of sentence, contending that the
same are based upon
available on record and do not suffer from any illegality, perversity or
misreading of evidence warranting interference by this Court.
6.1 It is submitted that the prosecution has successfully establi
all the essential ingredients constituting the offences under Sections 304
IPC and 406 IPC. The deceased admittedly died an unnatural death within 07
years of her marriage and the evidence adduced by the prosecution clearly
establishes that she was
with unlawful demands for dowry soon before her death. Consequently, the
statutory presumption under Section 113
duly attracted against the accused.
6.2 Learned State cou
related witnesses cannot be discarded merely on the ground of relationship if
it otherwise inspires confidence. It is argued that PW
7
2244-SB-2004
Finally it has been argued that the allegations regarding dowry
are vague, omnibus and unsupported by any independent evidence. There is
no reliable material to establish that deceased was subjected to cruelty or
n connection with any demand for dowry “soon before her
death” which is an indispensable requirement for attracting Section 304
Consequently, it is submitted that the conviction recorded by
the learned Trial Court deserves to be set aside and
entitled to acquittal by extending to them the benefit of doubt.
On the other hand, learned State counsel has supported the
impugned judgment of conviction and order of sentence, contending that the
same are based upon correct and comprehensive appreciation of the evidence
available on record and do not suffer from any illegality, perversity or
misreading of evidence warranting interference by this Court.
It is submitted that the prosecution has successfully establi
all the essential ingredients constituting the offences under Sections 304
IPC and 406 IPC. The deceased admittedly died an unnatural death within 07
years of her marriage and the evidence adduced by the prosecution clearly
establishes that she was subjected to cruelty and harassment in connection
with unlawful demands for dowry soon before her death. Consequently, the
statutory presumption under Section 113-B of the Indian Evidence Act stood
duly attracted against the accused.
Learned State counsel further submits that the testimony of
related witnesses cannot be discarded merely on the ground of relationship if
it otherwise inspires confidence. It is argued that PW
Finally it has been argued that the allegations regarding dowry
are vague, omnibus and unsupported by any independent evidence. There is
no reliable material to establish that deceased was subjected to cruelty or
n connection with any demand for dowry “soon before her
death” which is an indispensable requirement for attracting Section 304-B
Consequently, it is submitted that the conviction recorded by
the learned Trial Court deserves to be set aside and that the appellants are
entitled to acquittal by extending to them the benefit of doubt.
On the other hand, learned State counsel has supported the
impugned judgment of conviction and order of sentence, contending that the
correct and comprehensive appreciation of the evidence
available on record and do not suffer from any illegality, perversity or
misreading of evidence warranting interference by this Court.
It is submitted that the prosecution has successfully established
all the essential ingredients constituting the offences under Sections 304-B
IPC and 406 IPC. The deceased admittedly died an unnatural death within 07
years of her marriage and the evidence adduced by the prosecution clearly
subjected to cruelty and harassment in connection
with unlawful demands for dowry soon before her death. Consequently, the
B of the Indian Evidence Act stood
nsel further submits that the testimony of
related witnesses cannot be discarded merely on the ground of relationship if
it otherwise inspires confidence. It is argued that PW-10 Jai Bhagwan and
Finally it has been argued that the allegations regarding dowry
are vague, omnibus and unsupported by any independent evidence. There is
no reliable material to establish that deceased was subjected to cruelty or
n connection with any demand for dowry “soon before her
B
Consequently, it is submitted that the conviction recorded by
that the appellants are
On the other hand, learned State counsel has supported the
impugned judgment of conviction and order of sentence, contending that the
correct and comprehensive appreciation of the evidence
available on record and do not suffer from any illegality, perversity or
shed
B
IPC and 406 IPC. The deceased admittedly died an unnatural death within 07
years of her marriage and the evidence adduced by the prosecution clearly
subjected to cruelty and harassment in connection
with unlawful demands for dowry soon before her death. Consequently, the
B of the Indian Evidence Act stood
nsel further submits that the testimony of
related witnesses cannot be discarded merely on the ground of relationship if
10 Jai Bhagwan and
CRA-S-2244
PW-11 Surender Singh have consistently deposed regarding the
demands for a car or in the alternative Rs.2,00,000/
harassment meted out to the deceased. According to the learned State
counsel the minor inconsistencies pointed out by the defence pertain only to
peripheral aspect
6.3 It has further been contended that the medical evidence
sufficiently corroborates the prosecution version and rules out any possibility
of accidental death. The defence has failed to produce any cogent mat
capable of dislodging the statutory presumption arising under Section 113
of the Indian Evidence Act.
6.4 With regard to the letters relied upon by the defence, learned
State counsel submits that the said documents were never proved in
accordance with law. Merely because the defence examined handwriting
expert would not
evidence. It is argued that even assuming the writing to be genuine, we
cannot eclipse the otherwise reliable ocular testimony establishing
continuous harassment on account of dowry demands. It is therefore
submitted that the learned Trial
reasons while recording the conviction and no ground is made out for
interference. Accordingly, the present appeal deserves to be dismissed.
7. I have heard learned counsel for the parties at considerable
length and with their able assistance, carefully gone through the entire
evidence available on record, the impugned judgment, the documentary
evidence, the depositions of the witnesses as well as the relevant record.
8. In the light of rival submissions and the
8
2244-SB-2004
11 Surender Singh have consistently deposed regarding the
demands for a car or in the alternative Rs.2,00,000/
harassment meted out to the deceased. According to the learned State
counsel the minor inconsistencies pointed out by the defence pertain only to
peripheral aspects and do not strike at the root of the prosecution case.
It has further been contended that the medical evidence
sufficiently corroborates the prosecution version and rules out any possibility
of accidental death. The defence has failed to produce any cogent mat
capable of dislodging the statutory presumption arising under Section 113
of the Indian Evidence Act.
With regard to the letters relied upon by the defence, learned
State counsel submits that the said documents were never proved in
with law. Merely because the defence examined handwriting
expert would not ipso facto render the contents
evidence. It is argued that even assuming the writing to be genuine, we
cannot eclipse the otherwise reliable ocular testimony establishing
continuous harassment on account of dowry demands. It is therefore
submitted that the learned Trial Court has assigned cogent and convincing
reasons while recording the conviction and no ground is made out for
interference. Accordingly, the present appeal deserves to be dismissed.
I have heard learned counsel for the parties at considerable
and with their able assistance, carefully gone through the entire
evidence available on record, the impugned judgment, the documentary
evidence, the depositions of the witnesses as well as the relevant record.
In the light of rival submissions and the
11 Surender Singh have consistently deposed regarding the persistent
demands for a car or in the alternative Rs.2,00,000/- in cash and the
harassment meted out to the deceased. According to the learned State
counsel the minor inconsistencies pointed out by the defence pertain only to
strike at the root of the prosecution case.
It has further been contended that the medical evidence
sufficiently corroborates the prosecution version and rules out any possibility
of accidental death. The defence has failed to produce any cogent material
capable of dislodging the statutory presumption arising under Section 113-B
With regard to the letters relied upon by the defence, learned
State counsel submits that the said documents were never proved in
with law. Merely because the defence examined handwriting
render the contents thereof admissible in
evidence. It is argued that even assuming the writing to be genuine, we
cannot eclipse the otherwise reliable ocular testimony establishing
continuous harassment on account of dowry demands. It is therefore
Court has assigned cogent and convincing
reasons while recording the conviction and no ground is made out for
interference. Accordingly, the present appeal deserves to be dismissed.
I have heard learned counsel for the parties at considerable
and with their able assistance, carefully gone through the entire
evidence available on record, the impugned judgment, the documentary
evidence, the depositions of the witnesses as well as the relevant record.
In the light of rival submissions and the material available on
persistent
in cash and the
harassment meted out to the deceased. According to the learned State
counsel the minor inconsistencies pointed out by the defence pertain only to
It has further been contended that the medical evidence
sufficiently corroborates the prosecution version and rules out any possibility
erial
B
With regard to the letters relied upon by the defence, learned
State counsel submits that the said documents were never proved in
with law. Merely because the defence examined handwriting
of admissible in
evidence. It is argued that even assuming the writing to be genuine, we
cannot eclipse the otherwise reliable ocular testimony establishing
continuous harassment on account of dowry demands. It is therefore
Court has assigned cogent and convincing
reasons while recording the conviction and no ground is made out for
I have heard learned counsel for the parties at considerable
and with their able assistance, carefully gone through the entire
evidence available on record, the impugned judgment, the documentary
material available on
CRA-S-2244
record, the following issues arise for determination:
i.
doubt that the deceased was subjected to cruelty or harassment by
the appellants in connection with the demand for dowry.
ii.
“soon before her death” so as to establish a proximate and live
link between the alleged dowry demand and the unnatural death.
iii.
the Indi
case.
iv.
the ingredients of the offence punishable under Section 406 IPC.
9. Before adverting to the facts of the present case, it would
apposite to reproduce the relevant statutory provisions relating to 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
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 called ‘dowry death’ and such husband or rel
shall be deemed to have caused her death.
Explanation.
shall have the same meaning as in Section 2 of the Dowry
Prohibition Act, 1961.
(2) Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be less than seven
9
2244-SB-2004
record, the following issues arise for determination:
Whether the prosecution has proved beyond reasonable
doubt that the deceased was subjected to cruelty or harassment by
the appellants in connection with the demand for dowry.
Whether such cruelty or harassment if any, was inflicted
“soon before her death” so as to establish a proximate and live
link between the alleged dowry demand and the unnatural death.
Whether the statutory presumption of Section 113
the Indian Evidence Act stood attracted in the facts of the present
case.
iv. Whether the prosecution has independently established
the ingredients of the offence punishable under Section 406 IPC.
Before adverting to the facts of the present case, it would
apposite to reproduce the relevant statutory provisions relating to dowry
“304-B. 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
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 called ‘dowry death’ and such husband or rel
shall be deemed to have caused her death.
Explanation.—For the purposes of this sub
shall have the same meaning as in Section 2 of the Dowry
Prohibition Act, 1961.
(2) Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be less than seven
record, the following issues arise for determination:
Whether the prosecution has proved beyond reasonable
doubt that the deceased was subjected to cruelty or harassment by
the appellants in connection with the demand for dowry.
Whether such cruelty or harassment if any, was inflicted
“soon before her death” so as to establish a proximate and live
link between the alleged dowry demand and the unnatural death.
Whether the statutory presumption of Section 113-B of
an Evidence Act stood attracted in the facts of the present
Whether the prosecution has independently established
the ingredients of the offence punishable under Section 406 IPC.
Before adverting to the facts of the present case, it would be
apposite to reproduce the relevant statutory provisions relating to 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 dowry, such death
shall be called ‘dowry death’ and such husband or relative
shall be deemed to have caused her death.
For the purposes of this sub-section, ‘dowry’
shall have the same meaning as in Section 2 of the Dowry
(2) Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be less than seven
doubt that the deceased was subjected to cruelty or harassment by
Whether such cruelty or harassment if any, was inflicted
be
apposite to reproduce the relevant statutory provisions relating to dowry
(1) Where the death of a woman is caused by any burns or
bodily injury or occurs otherwise than under normal
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
ative
section, ‘dowry’
shall have the same meaning as in Section 2 of the Dowry
(2) Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be less than seven
CRA-S-2244
years but which may extend to imprisonment for life.”
10. As per the explanation to the Section, "dowry" for the purposes
of this Section sh
Prohibition Act, 1961 which reads as under:
“
In this Act, ‘dowry’ means any property or valuable security
given or agreed to be given either directly or indirectly
(a) by one
marriage; or
(b) by the parents of either party to a marriage or by any other
person, to either party to the marriage or to any other person,
at or before or any time after the marriage in connection with
the m
11. Keeping in view the object, Section 113
the Indian Evidence Act to raise a presumption as to dowry death. It reads as
under:
“
When the question is whether a
death of a woman and it is shown that soon before her death
such woman had been subjected by such person to cruelty or
harassment for, or in connection with, any demand for dowry,
the Court shall presume that such person had
death.”
Explanation.
shall have the same meaning as in Section 304
Penal Code (45 of 1860).”
12. A careful reading of Section 304
clear that before a
10
2244-SB-2004
years but which may extend to imprisonment for life.”
As per the explanation to the Section, "dowry" for the purposes
of this Section shall have the same meaning as
Prohibition Act, 1961 which reads as under:-
“2. Definition of ‘dowry’.—
In this Act, ‘dowry’ means any property or valuable security
given or agreed to be given either directly or indirectly
(a) by one party to a marriage to the other party to the
marriage; or
(b) by the parents of either party to a marriage or by any other
person, to either party to the marriage or to any other person,
at or before or any time after the marriage in connection with
the marriage of the said parties.”
Keeping in view the object, Section 113
the Indian Evidence Act to raise a presumption as to dowry death. It reads as
“113-B. Presumption as to dowry death.
When the question is whether a person has committed the dowry
death of a woman and it is shown that soon before her death
such woman had been subjected by such person to cruelty or
harassment for, or in connection with, any demand for dowry,
the Court shall presume that such person had
death.”
Explanation.- For the purposes of this section, “dowry death”
shall have the same meaning as in Section 304
Penal Code (45 of 1860).”
A careful reading of Section 304
clear that before a conviction can be sustained, the prosecution must
years but which may extend to imprisonment for life.”
As per the explanation to the Section, "dowry" for the purposes
all have the same meaning as Section 2 of the Dowry
In this Act, ‘dowry’ means any property or valuable security
given or agreed to be given either directly or indirectly—
party to a marriage to the other party to the
(b) by the parents of either party to a marriage or by any other
person, to either party to the marriage or to any other person,
at or before or any time after the marriage in connection with
arriage of the said parties.”
Keeping in view the object, Section 113-B was introduced in
the Indian Evidence Act to raise a presumption as to dowry death. It reads as
B. Presumption as to dowry death.—
person has committed the dowry
death of a woman and it is shown that soon before her death
such woman had been subjected by such person to cruelty or
harassment for, or in connection with, any demand for dowry,
the Court shall presume that such person had caused the dowry
For the purposes of this section, “dowry death”
shall have the same meaning as in Section 304-B of Indian
A careful reading of Section 304-B IPC makes it abundantly
conviction can be sustained, the prosecution must
As per the explanation to the Section, "dowry" for the purposes
Section 2 of the Dowry
In this Act, ‘dowry’ means any property or valuable security
party to a marriage to the other party to the
(b) by the parents of either party to a marriage or by any other
person, to either party to the marriage or to any other person,
at or before or any time after the marriage in connection with
B was introduced in
the Indian Evidence Act to raise a presumption as to dowry death. It reads as
person has committed the dowry
death of a woman and it is shown that soon before her death
such woman had been subjected by such person to cruelty or
harassment for, or in connection with, any demand for dowry,
caused the dowry
For the purposes of this section, “dowry death”
B of Indian
B IPC makes it abundantly
conviction can be sustained, the prosecution must
CRA-S-2244
establish the following foundational facts beyond reasonable doubt:
a)
burns or bodily injury, or must have occurred otherwise than
under normal circumstan
b)
her marriage;
c)
cruelty or harassment by the husband or any relative of her
husband; and
d)
any demand for dowry.
13. Only upon proof of these foundational facts does the statutory
presumption under Section 113
play, shifting the burden upon the accused to rebut the same by leading
cogent and convincing evidence.
However, it is equally well settled that the presumption under
Section 113-B of the Indian Evidence Act does not arise automatically
merely because the death of a married woman has occurred otherwise than
under normal circumstances within seven years of ma
must first independently establish the essential ingredients constituting the
offence under Section 304
the burden never shifts upon the accused.
14. The expression “soon before her
and no straitjacket formula can be laid down for determining its import. The
expression has to be understood in the context of the facts and circumstances
of each case so as to establish a proximate and live link between th
dowry-related cruelty and the consequential death. General, omnibus or stale
11
2244-SB-2004
establish the following foundational facts beyond reasonable doubt:
a) The death of a woman must have been caused by any
burns or bodily injury, or must have occurred otherwise than
under normal circumstances;
b) The death must have been caused within seven years of
her marriage;
c) Soon before her death, she must have been subjected to
cruelty or harassment by the husband or any relative of her
husband; and
d) Cruelty or harassment must be for, or in conn
any demand for dowry.
Only upon proof of these foundational facts does the statutory
presumption under Section 113-B of the Indian Evidence Act come into
play, shifting the burden upon the accused to rebut the same by leading
nd convincing evidence.
However, it is equally well settled that the presumption under
B of the Indian Evidence Act does not arise automatically
merely because the death of a married woman has occurred otherwise than
under normal circumstances within seven years of ma
must first independently establish the essential ingredients constituting the
offence under Section 304-B IPC. Unless the foundational facts are proved,
the burden never shifts upon the accused.
The expression “soon before her
and no straitjacket formula can be laid down for determining its import. The
expression has to be understood in the context of the facts and circumstances
of each case so as to establish a proximate and live link between th
related cruelty and the consequential death. General, omnibus or stale
establish the following foundational facts beyond reasonable doubt:-
The death of a woman must have been caused by any
burns or bodily injury, or must have occurred otherwise than
The death must have been caused within seven years of
Soon before her death, she must have been subjected to
cruelty or harassment by the husband or any relative of her
Cruelty or harassment must be for, or in connection with,
Only upon proof of these foundational facts does the statutory
B of the Indian Evidence Act come into
play, shifting the burden upon the accused to rebut the same by leading
However, it is equally well settled that the presumption under
B of the Indian Evidence Act does not arise automatically
merely because the death of a married woman has occurred otherwise than
under normal circumstances within seven years of marriage. The prosecution
must first independently establish the essential ingredients constituting the
B IPC. Unless the foundational facts are proved,
The expression “soon before her death” is a relative expression
and no straitjacket formula can be laid down for determining its import. The
expression has to be understood in the context of the facts and circumstances
of each case so as to establish a proximate and live link between the alleged
related cruelty and the consequential death. General, omnibus or stale
The death of a woman must have been caused by any
burns or bodily injury, or must have occurred otherwise than
cruelty or harassment by the husband or any relative of her
Only upon proof of these foundational facts does the statutory
B of the Indian Evidence Act come into
play, shifting the burden upon the accused to rebut the same by leading
However, it is equally well settled that the presumption under
B of the Indian Evidence Act does not arise automatically
merely because the death of a married woman has occurred otherwise than
rriage. The prosecution
must first independently establish the essential ingredients constituting the
B IPC. Unless the foundational facts are proved,
death” is a relative expression
and no straitjacket formula can be laid down for determining its import. The
expression has to be understood in the context of the facts and circumstances
e alleged
related cruelty and the consequential death. General, omnibus or stale
CRA-S-2244
allegations of harassment, unaccompanied by evidence establishing such
proximity, would not satisfy the statutory requirement.
15. The Hon'ble Supreme Court, in the jud
State of Haryana, 2021 AIR (SC) 2627
Section 304-B, IPC and Section 113
"i. Section 304
legislative intent to curb the social ev
demand.
ii. The prosecution must at first establish the existence of the
necessary ingredients for constituting an offence under Section
304
presumption of
Act operates against the accused.
iii. The phrase "soon before" as appearing in Section 304
cannot be construed to mean `immediately before'. The
prosecution must establish existence of "proximate an
between the dowry death and cruelty or harassment for dowry
demand by the husband or his relatives.
iv. Section 304
categorizing death as homicidal or suicidal or accidental. The
reason for such no
occurring "otherwise than under normal circumstances" can, in
cases, be homicidal or suicidal or accidental."
16. Reliance in this regard is also placed upon the decision of the
Hon'ble Supreme Court in
SCC 101; wherein it was held that the factum of unnatural death in the
matrimonial home and that too within seven years of marriage is ipso facto
not sufficient to bring home the charge under Section 304
accused, and that general allegations unsupported by cogent and reliable
12
2244-SB-2004
allegations of harassment, unaccompanied by evidence establishing such
proximity, would not satisfy the statutory requirement.
The Hon'ble Supreme Court, in the jud
State of Haryana, 2021 AIR (SC) 2627; has summarized the law under
B, IPC and Section 113-B, Evidence Act as under:
"i. Section 304-B, IPC must be interpreted keeping in mind the
legislative intent to curb the social ev
demand.
ii. The prosecution must at first establish the existence of the
necessary ingredients for constituting an offence under Section
304-B, IPC. Once these ingredients are satisfied, the rebuttable
presumption of causality, provided under Section 113
Act operates against the accused.
iii. The phrase "soon before" as appearing in Section 304
cannot be construed to mean `immediately before'. The
prosecution must establish existence of "proximate an
between the dowry death and cruelty or harassment for dowry
demand by the husband or his relatives.
iv. Section 304-B, IPC does not take a pigeonhole approach in
categorizing death as homicidal or suicidal or accidental. The
reason for such non categorization is due to the fact that death
occurring "otherwise than under normal circumstances" can, in
cases, be homicidal or suicidal or accidental."
Reliance in this regard is also placed upon the decision of the
Hon'ble Supreme Court in Baijnath v. State of Madhya Pradesh, 2017 (1)
wherein it was held that the factum of unnatural death in the
matrimonial home and that too within seven years of marriage is ipso facto
not sufficient to bring home the charge under Section 304
accused, and that general allegations unsupported by cogent and reliable
allegations of harassment, unaccompanied by evidence establishing such
proximity, would not satisfy the statutory requirement.
The Hon'ble Supreme Court, in the judgment of Satbir Singh v.
has summarized the law under
B, Evidence Act as under:
B, IPC must be interpreted keeping in mind the
legislative intent to curb the social evil of bride burning and dowry
ii. The prosecution must at first establish the existence of the
necessary ingredients for constituting an offence under Section
B, IPC. Once these ingredients are satisfied, the rebuttable
causality, provided under Section 113-B, Evidence
iii. The phrase "soon before" as appearing in Section 304-B, IPC
cannot be construed to mean `immediately before'. The
prosecution must establish existence of "proximate and live link"
between the dowry death and cruelty or harassment for dowry
demand by the husband or his relatives.
B, IPC does not take a pigeonhole approach in
categorizing death as homicidal or suicidal or accidental. The
n categorization is due to the fact that death
occurring "otherwise than under normal circumstances" can, in
cases, be homicidal or suicidal or accidental."
Reliance in this regard is also placed upon the decision of the
ath v. State of Madhya Pradesh, 2017 (1)
wherein it was held that the factum of unnatural death in the
matrimonial home and that too within seven years of marriage is ipso facto
not sufficient to bring home the charge under Section 304-B IPC against the
accused, and that general allegations unsupported by cogent and reliable
allegations of harassment, unaccompanied by evidence establishing such
Satbir Singh v.
has summarized the law under
il of bride burning and dowry
Reliance in this regard is also placed upon the decision of the
ath v. State of Madhya Pradesh, 2017 (1)
wherein it was held that the factum of unnatural death in the
matrimonial home and that too within seven years of marriage is ipso facto
st the
accused, and that general allegations unsupported by cogent and reliable
CRA-S-2244
evidence are insufficient to invoke the statutory presumption under Section
113-B of the Indian Evidence Act. The relevant paragraphs are reproduced
below:
“32. Noticeably this
cruelty or harassment of the woman dead for or in connection with
any demand for dowry by the person charged with the offence.
presumption as to dowry death thus would get activated only upon
the proof of
cruelty or harassment for or in connection with any demand for
dowry by the accused and that too in the reasonable contiguity of
death
to i
commission of the offence of dowry death by the person charged
therewith.
33. A conjoint reading of these three provisions, thus predicate the
burden of the prosecution to unassailably substantiate th
ingredients of the two offences by direct and convincing evidence
so as to avail the presumption engrafted in Section 113B of the Act
against the accused.
husband or his relative or the person charged is thus the sin
non to inspirit the statutory presumption, to draw the person
charged within the coils thereof. If the prosecution fails to
demonstrate by cogent coherent and persuasive evidence to prove
such fact, the person accused of either of the above referred
offences cannot be held guilty by taking refuge only of the
presumption to cover up the shortfall in proof.
17. Before embarking upon the factual analysis of the present
matter, it would be profitable to take note of the princi
304-B IPC as expounded by the Hon'ble Supreme Court in
13
2244-SB-2004
evidence are insufficient to invoke the statutory presumption under Section
B of the Indian Evidence Act. The relevant paragraphs are reproduced
“32. Noticeably this presumption as well is founded on the proof of
cruelty or harassment of the woman dead for or in connection with
any demand for dowry by the person charged with the offence.
presumption as to dowry death thus would get activated only upon
the proof of the fact that the deceased lady had been subjected to
cruelty or harassment for or in connection with any demand for
dowry by the accused and that too in the reasonable contiguity of
death. Such a proof is thus the legislatively mandated prerequisite
to invoke the otherwise statutorily ordained presumption of
commission of the offence of dowry death by the person charged
therewith.
33. A conjoint reading of these three provisions, thus predicate the
burden of the prosecution to unassailably substantiate th
ingredients of the two offences by direct and convincing evidence
so as to avail the presumption engrafted in Section 113B of the Act
against the accused. Proof of cruelty or harassment by the
husband or his relative or the person charged is thus the sin
non to inspirit the statutory presumption, to draw the person
charged within the coils thereof. If the prosecution fails to
demonstrate by cogent coherent and persuasive evidence to prove
such fact, the person accused of either of the above referred
offences cannot be held guilty by taking refuge only of the
presumption to cover up the shortfall in proof.
Before embarking upon the factual analysis of the present
matter, it would be profitable to take note of the princi
B IPC as expounded by the Hon'ble Supreme Court in
evidence are insufficient to invoke the statutory presumption under Section
B of the Indian Evidence Act. The relevant paragraphs are reproduced
presumption as well is founded on the proof of
cruelty or harassment of the woman dead for or in connection with
any demand for dowry by the person charged with the offence. The
presumption as to dowry death thus would get activated only upon
the fact that the deceased lady had been subjected to
cruelty or harassment for or in connection with any demand for
dowry by the accused and that too in the reasonable contiguity of
Such a proof is thus the legislatively mandated prerequisite
nvoke the otherwise statutorily ordained presumption of
commission of the offence of dowry death by the person charged
33. A conjoint reading of these three provisions, thus predicate the
burden of the prosecution to unassailably substantiate the
ingredients of the two offences by direct and convincing evidence
so as to avail the presumption engrafted in Section 113B of the Act
Proof of cruelty or harassment by the
husband or his relative or the person charged is thus the sine qua
non to inspirit the statutory presumption, to draw the person
charged within the coils thereof. If the prosecution fails to
demonstrate by cogent coherent and persuasive evidence to prove
such fact, the person accused of either of the above referred
offences cannot be held guilty by taking refuge only of the
presumption to cover up the shortfall in proof.”
…….emphasis supplied
Before embarking upon the factual analysis of the present
matter, it would be profitable to take note of the principles governing Section
B IPC as expounded by the Hon'ble Supreme Court in Chabi Karmakar
evidence are insufficient to invoke the statutory presumption under Section
B of the Indian Evidence Act. The relevant paragraphs are reproduced
presumption as well is founded on the proof of
cruelty or harassment of the woman dead for or in connection with
The
presumption as to dowry death thus would get activated only upon
the fact that the deceased lady had been subjected to
cruelty or harassment for or in connection with any demand for
dowry by the accused and that too in the reasonable contiguity of
Such a proof is thus the legislatively mandated prerequisite
nvoke the otherwise statutorily ordained presumption of
commission of the offence of dowry death by the person charged
33. A conjoint reading of these three provisions, thus predicate the
e
ingredients of the two offences by direct and convincing evidence
so as to avail the presumption engrafted in Section 113B of the Act
Proof of cruelty or harassment by the
e qua
non to inspirit the statutory presumption, to draw the person
charged within the coils thereof. If the prosecution fails to
demonstrate by cogent coherent and persuasive evidence to prove
such fact, the person accused of either of the above referred
offences cannot be held guilty by taking refuge only of the
…….emphasis supplied
Before embarking upon the factual analysis of the present
ples governing Section
Chabi Karmakar
CRA-S-2244
and others v. State of West Bengal, Criminal Appeal No.1556 of 2013,
decided on 29.08.2024 (2024 INSC 665)
follows:
xxxxxx
“6. After going through the evidence of PW
PW
deceased respectively), it becomes clear that the deceased faced
cruelty and harassment at the hands of her
no.2) which compelled her to commit suicide. However, these
witnesses did not state that such cruelty and harassment was in
connection with the demand for dowry.
7. Trial Court raised a presumption under section 113B of
Evidence Act to c
The High Court did not go into the question of whether the trial
court was right in relying upon section 113B of the Evidence Act.
In Charan Singh alias Charanjit Singh vs. State of Uttarakhand
2023 SCC OnLi
the husband that he was subjecting the deceased therein on the
demand of a motorcycle and some land, this Court in relation to
Section 113B of Evidence Act and section 304B of IPC, had noted
that:
"21. .....
motorcycle and land which is also much prior to the incident. The
aforesaid evidence led by the prosecution does not fulfil the pre
requisites to invoke presumption under Section 304B IPC or
Section 113
22. XXXXXXX
23. On a collective appreciation of the evidence led by the
prosecution, we are of the considered view that the prerequisites to
raise presumption under Section 304B and Section 113B of the
14
2244-SB-2004
and others v. State of West Bengal, Criminal Appeal No.1556 of 2013,
decided on 29.08.2024 (2024 INSC 665)
xxxxxx xxxxxx xxxxxx xxxxxx
“6. After going through the evidence of PW
PW-16 (who are the brother, father, mother and cousin of the
deceased respectively), it becomes clear that the deceased faced
cruelty and harassment at the hands of her
no.2) which compelled her to commit suicide. However, these
witnesses did not state that such cruelty and harassment was in
connection with the demand for dowry.
7. Trial Court raised a presumption under section 113B of
Evidence Act to convict the appellants under section 304B of IPC.
The High Court did not go into the question of whether the trial
court was right in relying upon section 113B of the Evidence Act.
In Charan Singh alias Charanjit Singh vs. State of Uttarakhand
2023 SCC OnLine SC 454, where there were allegations against
the husband that he was subjecting the deceased therein on the
demand of a motorcycle and some land, this Court in relation to
Section 113B of Evidence Act and section 304B of IPC, had noted
that:
"21. ..... It is only certain oral averments regarding demand of
motorcycle and land which is also much prior to the incident. 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......
22. XXXXXXX
23. On a collective appreciation of the evidence led by the
prosecution, we are of the considered view that the prerequisites to
raise presumption under Section 304B and Section 113B of the
and others v. State of West Bengal, Criminal Appeal No.1556 of 2013,
decided on 29.08.2024 (2024 INSC 665); wherein it was observed as
xxxxxx
“6. After going through the evidence of PW-1, PW-3, PW-4 and
16 (who are the brother, father, mother and cousin of the
deceased respectively), it becomes clear that the deceased faced
cruelty and harassment at the hands of her husband (appellant
no.2) which compelled her to commit suicide. However, these
witnesses did not state that such cruelty and harassment was in
connection with the demand for dowry.
7. Trial Court raised a presumption under section 113B of
onvict the appellants under section 304B of IPC.
The High Court did not go into the question of whether the trial
court was right in relying upon section 113B of the Evidence Act.
In Charan Singh alias Charanjit Singh vs. State of Uttarakhand
ne SC 454, where there were allegations against
the husband that he was subjecting the deceased therein on the
demand of a motorcycle and some land, this Court in relation to
Section 113B of Evidence Act and section 304B of IPC, had noted
It is only certain oral averments regarding demand of
motorcycle and land which is also much prior to the incident. The
aforesaid evidence led by the prosecution does not fulfil the pre-
requisites to invoke presumption under Section 304B IPC or
B of the Indian Evidence Act......
23. On a collective appreciation of the evidence led by the
prosecution, we are of the considered view that the prerequisites to
raise presumption under Section 304B and Section 113B of the
and others v. State of West Bengal, Criminal Appeal No.1556 of 2013,
wherein it was observed as
4 and
16 (who are the brother, father, mother and cousin of the
deceased respectively), it becomes clear that the deceased faced
husband (appellant
no.2) which compelled her to commit suicide. However, these
witnesses did not state that such cruelty and harassment was in
7. Trial Court raised a presumption under section 113B of
onvict the appellants under section 304B of IPC.
The High Court did not go into the question of whether the trial
In Charan Singh alias Charanjit Singh vs. State of Uttarakhand
ne SC 454, where there were allegations against
the husband that he was subjecting the deceased therein on the
demand of a motorcycle and some land, this Court in relation to
Section 113B of Evidence Act and section 304B of IPC, had noted
It is only certain oral averments regarding demand of
motorcycle and land which is also much prior to the incident. The
-
requisites to invoke presumption under Section 304B IPC or
23. On a collective appreciation of the evidence led by the
prosecution, we are of the considered view that the prerequisites to
raise presumption under Section 304B and Section 113B of the
CRA-S-2244
Indian Evidence A
the appellant cannot be justified. 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
Similarly, in the case at hand, it has not been proved by the
prosecution that the deceased was subjected to cruelty soon before
her death in connection with the demand of dowry and hence we
are of the opinion that this is not a case ofdowry death
Section 304B of the Indian Penal Code.”
18. Before proceeding further, it would be apposite to refer to
another judgment rendered by the Hon'ble Supreme Court in
and another v. State of Uttarakhand, 2024 INSC 713,decided on
20.09.2024; wherein the Hon'ble Supreme Court has held as under:
xxxx
19. Reliance may also be placed upon the judgment of the Hon'ble
15
2244-SB-2004
Indian Evidence Act having not being fulfilled, the conviction of
the appellant cannot be justified. 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 of IPC."
Similarly, in the case at hand, it has not been proved by the
prosecution that the deceased was subjected to cruelty soon before
her death in connection with the demand of dowry and hence we
are of the opinion that this is not a case ofdowry death
Section 304B of the Indian Penal Code.”
Before proceeding further, it would be apposite to refer to
another judgment rendered by the Hon'ble Supreme Court in
and another v. State of Uttarakhand, 2024 INSC 713,decided on
wherein the Hon'ble Supreme Court has held as under:
xxxx xxxxx xxxxx xxxxx
“13. When all the above ingredients of ‘dowry death’ are proved,
the presumption under Section 113
raised against the accused that
‘dowry death’. What is important is that the presumption under
Section 113-B is not in respect of commission of an act of cruelty,
or harassment, in connection with any demand for dowry, which
is one of the essential ingredi
death’. The presumption, however, is in respect of commission of
the offence of ‘dowry death’ by the accused when all the essential
ingredients of ‘dowry death’ are proved beyond reasonable doubt
by ordinary rule of evidence, which means that to prove the
essential ingredients of an offence of ‘dowry death’ the burden is
on the prosecution.”
Reliance may also be placed upon the judgment of the Hon'ble
ct having not being fulfilled, the conviction of
the appellant cannot be justified. 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
Similarly, in the case at hand, it has not been proved by the
prosecution that the deceased was subjected to cruelty soon before
her death in connection with the demand of dowry and hence we
are of the opinion that this is not a case ofdowry death under
Section 304B of the Indian Penal Code.”
Before proceeding further, it would be apposite to refer to
another judgment rendered by the Hon'ble Supreme Court in Shoor Singh
and another v. State of Uttarakhand, 2024 INSC 713,decided on
wherein the Hon'ble Supreme Court has held as under:
“13. When all the above ingredients of ‘dowry death’ are proved,
the presumption under Section 113-B of the Evidence Act is to be
raised against the accused that he has committed the offence of
‘dowry death’. What is important is that the presumption under
B is not in respect of commission of an act of cruelty,
or harassment, in connection with any demand for dowry, which
is one of the essential ingredients of the offence of ‘dowry
The presumption, however, is in respect of commission of
the offence of ‘dowry death’ by the accused when all the essential
ingredients of ‘dowry death’ are proved beyond reasonable doubt
which means that to prove the
essential ingredients of an offence of ‘dowry death’ the burden is
…….emphasis supplied
Reliance may also be placed upon the judgment of the Hon'ble
ct having not being fulfilled, the conviction of
the appellant cannot be justified. 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
Similarly, in the case at hand, it has not been proved by the
prosecution that the deceased was subjected to cruelty soon before
her death in connection with the demand of dowry and hence we
under
Before proceeding further, it would be apposite to refer to
Shoor Singh
and another v. State of Uttarakhand, 2024 INSC 713,decided on
“13. When all the above ingredients of ‘dowry death’ are proved,
B of the Evidence Act is to be
he has committed the offence of
‘dowry death’. What is important is that the presumption under
B is not in respect of commission of an act of cruelty,
or harassment, in connection with any demand for dowry, which
ents of the offence of ‘dowry
The presumption, however, is in respect of commission of
the offence of ‘dowry death’ by the accused when all the essential
ingredients of ‘dowry death’ are proved beyond reasonable doubt
which means that to prove the
essential ingredients of an offence of ‘dowry death’ the burden is
CRA-S-2244
Supreme Court in
Appeal No. 1801 of 2013, decided on 13.06.2019
under:
xxxxx
“16. It is true, that the victim died of burns. The death was
otherwise than under normal circumstances
marriage. However, to attract Section 304B of the Indian Penal
Code, the prosecution has to establish that soon before the death
the deceased was subjected to cruelty and harassment in
connection with demand for dowry. The High Court
that the evidence did not show any proximate connection between
the demand of dowry and the act of cruelty of harassment and or
the death. The prosecution has not been able to prove that the
victim was subjected to cruelty or harassment soon
death in connection with any demand for dowry.
17. Under Section 304B of the Indian Penal Code, the prosecution
cannot escape from discharging its burden of proving that the
harassment or cruelty was related to demand for dowry soon
before deat
20. Now this court is to see as to whether the prosecution has
succeeded in establishing the foundational facts so as to sustain the
conviction recorded by learned Trial Court.
21. In the instant case, it is not in dispute that the deceased Babita,
died an unnatural death on August 25, 2001, i.e. within six months of her
marriage to Jitender Singh (since deceased). The factum of her death
occurring otherwise than under normal circumstances within seven years of
marriage is therefore, established.
However, the existence of these two circumstances alone are
16
2244-SB-2004
Supreme Court in State of Haryana v. Angoo
Appeal No. 1801 of 2013, decided on 13.06.2019
xxxxx xxxxx xxxxx xxxxx
“16. It is true, that the victim died of burns. The death was
otherwise than under normal circumstances
marriage. However, to attract Section 304B of the Indian Penal
Code, the prosecution has to establish that soon before the death
the deceased was subjected to cruelty and harassment in
connection with demand for dowry. The High Court
that the evidence did not show any proximate connection between
the demand of dowry and the act of cruelty of harassment and or
the death. The prosecution has not been able to prove that the
victim was subjected to cruelty or harassment soon
death in connection with any demand for dowry.
17. Under Section 304B of the Indian Penal Code, the prosecution
cannot escape from discharging its burden of proving that the
harassment or cruelty was related to demand for dowry soon
before death.”
Now this court is to see as to whether the prosecution has
succeeded in establishing the foundational facts so as to sustain the
conviction recorded by learned Trial Court.
In the instant case, it is not in dispute that the deceased Babita,
died an unnatural death on August 25, 2001, i.e. within six months of her
marriage to Jitender Singh (since deceased). The factum of her death
occurring otherwise than under normal circumstances within seven years of
marriage is therefore, established.
However, the existence of these two circumstances alone are
State of Haryana v. Angoori Devi and another, Criminal
Appeal No. 1801 of 2013, decided on 13.06.2019; wherein it was observed as
xxxxx
“16. It is true, that the victim died of burns. The death was
otherwise than under normal circumstances and within 7 years of
marriage. However, to attract Section 304B of the Indian Penal
Code, the prosecution has to establish that soon before the death
the deceased was subjected to cruelty and harassment in
connection with demand for dowry. The High Court rightly found
that the evidence did not show any proximate connection between
the demand of dowry and the act of cruelty of harassment and or
the death. The prosecution has not been able to prove that the
victim was subjected to cruelty or harassment soon before her
death in connection with any demand for dowry.
17. Under Section 304B of the Indian Penal Code, the prosecution
cannot escape from discharging its burden of proving that the
harassment or cruelty was related to demand for dowry soon
Now this court is to see as to whether the prosecution has
succeeded in establishing the foundational facts so as to sustain the
In the instant case, it is not in dispute that the deceased Babita,
died an unnatural death on August 25, 2001, i.e. within six months of her
marriage to Jitender Singh (since deceased). The factum of her death
occurring otherwise than under normal circumstances within seven years of
However, the existence of these two circumstances alone are
wherein it was observed as
“16. It is true, that the victim died of burns. The death was
and within 7 years of
marriage. However, to attract Section 304B of the Indian Penal
Code, the prosecution has to establish that soon before the death
the deceased was subjected to cruelty and harassment in
rightly found
that the evidence did not show any proximate connection between
the demand of dowry and the act of cruelty of harassment and or
the death. The prosecution has not been able to prove that the
before her
17. Under Section 304B of the Indian Penal Code, the prosecution
cannot escape from discharging its burden of proving that the
harassment or cruelty was related to demand for dowry soon
Now this court is to see as to whether the prosecution has
succeeded in establishing the foundational facts so as to sustain the
In the instant case, it is not in dispute that the deceased Babita,
died an unnatural death on August 25, 2001, i.e. within six months of her
marriage to Jitender Singh (since deceased). The factum of her death
occurring otherwise than under normal circumstances within seven years of
However, the existence of these two circumstances alone are
CRA-S-2244
not sufficient to sustain a conviction under Section 304
question that falls for determination is whether the prosecution has
succeeded in proving beyond reasonable doubt that t
subjected to cruelty or harassment by the appellants in connection with
demand for dowry and that such cruelty or harassment was meted out soon
before her death so as to establish a proximate and live link between the
alleged demand and th
22. The prosecution case, in this regard rests substantially upon the
testimonies of PW
real brothers of the deceased. It is therefore, necessary to examine their
evidence with due care.
22.1 PW
the deceased came to her parental home alone and informed the family that
she had been turned out of her matrimonial home by the accused persons on
account of their demand for
what assumes significance is his further statement that on the very next day
the accused persons
back to the matrimonial home. This part of the testimony
this Court creates an inherent probability in the prosecution version. If the
accused had allegedly turned the deceased out of the matrimonial home on
account of unmet dowry demand, it appears somewhat improbable that
within 24 hours t
persuade her to return. Though such conduct may not be wholly impossible,
it certainly dilutes the prosecution version and calls for closer scrutiny of the
remaining evidence. More importantly, PW
17
2244-SB-2004
not sufficient to sustain a conviction under Section 304
question that falls for determination is whether the prosecution has
in proving beyond reasonable doubt that t
subjected to cruelty or harassment by the appellants in connection with
demand for dowry and that such cruelty or harassment was meted out soon
before her death so as to establish a proximate and live link between the
alleged demand and the unfortunate occurrence.
The prosecution case, in this regard rests substantially upon the
testimonies of PW-10 Jai Bhagwan and PW-11 Surender Singh
real brothers of the deceased. It is therefore, necessary to examine their
h due care.
PW-10 deposed in his examination in chief that on 20.07.2001
the deceased came to her parental home alone and informed the family that
she had been turned out of her matrimonial home by the accused persons on
account of their demand for a car or a sum of Rs.2 lakhs in cash. However,
what assumes significance is his further statement that on the very next day
accused persons came to the parental house
back to the matrimonial home. This part of the testimony
this Court creates an inherent probability in the prosecution version. If the
accused had allegedly turned the deceased out of the matrimonial home on
account of unmet dowry demand, it appears somewhat improbable that
within 24 hours they themselves would come to her parental home and
persuade her to return. Though such conduct may not be wholly impossible,
it certainly dilutes the prosecution version and calls for closer scrutiny of the
remaining evidence. More importantly, PW
not sufficient to sustain a conviction under Section 304-B IPC. The pivotal
question that falls for determination is whether the prosecution has
in proving beyond reasonable doubt that the deceased was
subjected to cruelty or harassment by the appellants in connection with
demand for dowry and that such cruelty or harassment was meted out soon
before her death so as to establish a proximate and live link between the
e unfortunate occurrence.
The prosecution case, in this regard rests substantially upon the
11 Surender Singh, who are the
real brothers of the deceased. It is therefore, necessary to examine their
10 deposed in his examination in chief that on 20.07.2001
the deceased came to her parental home alone and informed the family that
she had been turned out of her matrimonial home by the accused persons on
a car or a sum of Rs.2 lakhs in cash. However,
what assumes significance is his further statement that on the very next day
came to the parental house of the deceased and took her
back to the matrimonial home. This part of the testimony in the opinion of
this Court creates an inherent probability in the prosecution version. If the
accused had allegedly turned the deceased out of the matrimonial home on
account of unmet dowry demand, it appears somewhat improbable that
hey themselves would come to her parental home and
persuade her to return. Though such conduct may not be wholly impossible,
it certainly dilutes the prosecution version and calls for closer scrutiny of the
remaining evidence. More importantly, PW-10 made certain admissions
B IPC. The pivotal
question that falls for determination is whether the prosecution has
he deceased was
subjected to cruelty or harassment by the appellants in connection with
demand for dowry and that such cruelty or harassment was meted out soon
before her death so as to establish a proximate and live link between the
The prosecution case, in this regard rests substantially upon the
who are the
real brothers of the deceased. It is therefore, necessary to examine their
10 deposed in his examination in chief that on 20.07.2001
the deceased came to her parental home alone and informed the family that
she had been turned out of her matrimonial home by the accused persons on
a car or a sum of Rs.2 lakhs in cash. However,
what assumes significance is his further statement that on the very next day
and took her
in the opinion of
this Court creates an inherent probability in the prosecution version. If the
accused had allegedly turned the deceased out of the matrimonial home on
account of unmet dowry demand, it appears somewhat improbable that
hey themselves would come to her parental home and
persuade her to return. Though such conduct may not be wholly impossible,
it certainly dilutes the prosecution version and calls for closer scrutiny of the
e certain admissions
CRA-S-2244
during his cross
He admitted that the marriage had been arranged through a mediator and that
the mediator had informed the family that the parents of bridegroom had
raise no specific demand for dowry before the marriage. Although the
witness attempted to explain that ordinary household articles were expected
to be given in accordance with customary practice. He nevertheless admitted
that there was no specific demand conveyed by
The witness further admitted that only Re.1/
engagement ceremony and volunteered that the parents of the bridegroom
had themselves stated that the token amount was sufficient and that the
remaining customary articles could be given at the time of the marriage.
Thereafter, he again stated that the accused had informed them that the
details of the articles to be given would be disclosed later. These statements
are not only mutually inconsistent but al
very genesis of the alleged dowry demand.
22.2 Another significant aspect of his deposition relates to the
alleged payment of Rs.50,000/
paid at the time of
admitted that this fact had never been disclosed to the police when his
statement under Section 161 Cr.P.C. was recorded.
22.3 This omission assumes significance because an alleged payment
of Rs.50,000/
insignificant detail. Had such payment actually been made, one would
reasonably expect the same to find mention at the earliest opportunity. The
omission, therefore, constitutes a material improvement made for the fir
18
2244-SB-2004
during his cross-examination which materially affects the prosecution case.
He admitted that the marriage had been arranged through a mediator and that
the mediator had informed the family that the parents of bridegroom had
ecific demand for dowry before the marriage. Although the
witness attempted to explain that ordinary household articles were expected
to be given in accordance with customary practice. He nevertheless admitted
that there was no specific demand conveyed by
The witness further admitted that only Re.1/-
engagement ceremony and volunteered that the parents of the bridegroom
had themselves stated that the token amount was sufficient and that the
customary articles could be given at the time of the marriage.
Thereafter, he again stated that the accused had informed them that the
details of the articles to be given would be disclosed later. These statements
are not only mutually inconsistent but also create uncertainty regarding the
very genesis of the alleged dowry demand.
Another significant aspect of his deposition relates to the
alleged payment of Rs.50,000/-. PW-10 stated that the said amount had been
paid at the time of vidai (departure of the bride). However, he candidly
admitted that this fact had never been disclosed to the police when his
statement under Section 161 Cr.P.C. was recorded.
This omission assumes significance because an alleged payment
of Rs.50,000/- in connection with marriage cannot be treated as an
insignificant detail. Had such payment actually been made, one would
reasonably expect the same to find mention at the earliest opportunity. The
omission, therefore, constitutes a material improvement made for the fir
examination which materially affects the prosecution case.
He admitted that the marriage had been arranged through a mediator and that
the mediator had informed the family that the parents of bridegroom had
ecific demand for dowry before the marriage. Although the
witness attempted to explain that ordinary household articles were expected
to be given in accordance with customary practice. He nevertheless admitted
that there was no specific demand conveyed by the parents of bridegroom.
- was exchanged at the time of
engagement ceremony and volunteered that the parents of the bridegroom
had themselves stated that the token amount was sufficient and that the
customary articles could be given at the time of the marriage.
Thereafter, he again stated that the accused had informed them that the
details of the articles to be given would be disclosed later. These statements
so create uncertainty regarding the
Another significant aspect of his deposition relates to the
10 stated that the said amount had been
of the bride). However, he candidly
admitted that this fact had never been disclosed to the police when his
statement under Section 161 Cr.P.C. was recorded.
This omission assumes significance because an alleged payment
with marriage cannot be treated as an
insignificant detail. Had such payment actually been made, one would
reasonably expect the same to find mention at the earliest opportunity. The
omission, therefore, constitutes a material improvement made for the first
examination which materially affects the prosecution case.
He admitted that the marriage had been arranged through a mediator and that
the mediator had informed the family that the parents of bridegroom had
ecific demand for dowry before the marriage. Although the
witness attempted to explain that ordinary household articles were expected
to be given in accordance with customary practice. He nevertheless admitted
the parents of bridegroom.
was exchanged at the time of
engagement ceremony and volunteered that the parents of the bridegroom
had themselves stated that the token amount was sufficient and that the
customary articles could be given at the time of the marriage.
Thereafter, he again stated that the accused had informed them that the
details of the articles to be given would be disclosed later. These statements
so create uncertainty regarding the
Another significant aspect of his deposition relates to the
10 stated that the said amount had been
of the bride). However, he candidly
admitted that this fact had never been disclosed to the police when his
This omission assumes significance because an alleged payment
with marriage cannot be treated as an
insignificant detail. Had such payment actually been made, one would
reasonably expect the same to find mention at the earliest opportunity. The
st
CRA-S-2244
time before the Court.
22.4 PW
materially improved the prosecution case. On the contrary, his testimony
introduces further inconsistencies. While PW
been paid at the
paid at the time of engagement ceremony itself. This contradiction is not
with respect to a peripheral or insignificant circumstance. The alleged
payment of Rs.50,000/
relating to the alleged dowry demand. Two star witnesses giving entirely
different versions regarding the occasion on which such payment was made,
cast a serious doubt upon the truthfulness of the prosecution version. PW
further admitted during his cross
attended the marriage and at another stage he stated that there were 40
persons in the marriage party though this discrepancy itself may not be of
much significance, it does probab
was performed in a simple manner and not with the pomp and grandeur
ordinarily associated with cases involving substantial dowry transactions.
22.5 It is well settled that the omission touching the core of
prosecution case are capable of amounting to contradictions in the present
case. The allegations regarding specific demands of dowry constitute the
very foundation of the prosecution case and material omissions relating
thereto cannot be lightly brushed aside.
22.6 There is no dispute with the settled pr
evidence of a related witness cannot be discarded merely because of his
relationship with the deceased. Relationship is not synonymous with
19
2244-SB-2004
time before the Court.
PW-11 who is the real brother of the deceased, has not
materially improved the prosecution case. On the contrary, his testimony
introduces further inconsistencies. While PW
been paid at the time of the vidai, PW-11 stated that the said amount was
paid at the time of engagement ceremony itself. This contradiction is not
with respect to a peripheral or insignificant circumstance. The alleged
payment of Rs.50,000/- forms an integral part of the
relating to the alleged dowry demand. Two star witnesses giving entirely
different versions regarding the occasion on which such payment was made,
cast a serious doubt upon the truthfulness of the prosecution version. PW
mitted during his cross-examination that only about 30
attended the marriage and at another stage he stated that there were 40
persons in the marriage party though this discrepancy itself may not be of
much significance, it does probabilise the defence version that the marriage
was performed in a simple manner and not with the pomp and grandeur
ordinarily associated with cases involving substantial dowry transactions.
It is well settled that the omission touching the core of
case are capable of amounting to contradictions in the present
case. The allegations regarding specific demands of dowry constitute the
very foundation of the prosecution case and material omissions relating
thereto cannot be lightly brushed aside.
There is no dispute with the settled pr
evidence of a related witness cannot be discarded merely because of his
relationship with the deceased. Relationship is not synonymous with
11 who is the real brother of the deceased, has not
materially improved the prosecution case. On the contrary, his testimony
introduces further inconsistencies. While PW-10 stated that Rs. 50,000/- had
11 stated that the said amount was
paid at the time of engagement ceremony itself. This contradiction is not
with respect to a peripheral or insignificant circumstance. The alleged
forms an integral part of the prosecution story
relating to the alleged dowry demand. Two star witnesses giving entirely
different versions regarding the occasion on which such payment was made,
cast a serious doubt upon the truthfulness of the prosecution version. PW-11
examination that only about 30-35 persons
attended the marriage and at another stage he stated that there were 40-45
persons in the marriage party though this discrepancy itself may not be of
he defence version that the marriage
was performed in a simple manner and not with the pomp and grandeur
ordinarily associated with cases involving substantial dowry transactions.
It is well settled that the omission touching the core of
case are capable of amounting to contradictions in the present
case. The allegations regarding specific demands of dowry constitute the
very foundation of the prosecution case and material omissions relating
There is no dispute with the settled proposition that the
evidence of a related witness cannot be discarded merely because of his
relationship with the deceased. Relationship is not synonymous with
11 who is the real brother of the deceased, has not
materially improved the prosecution case. On the contrary, his testimony
had
11 stated that the said amount was
paid at the time of engagement ceremony itself. This contradiction is not
with respect to a peripheral or insignificant circumstance. The alleged
prosecution story
relating to the alleged dowry demand. Two star witnesses giving entirely
different versions regarding the occasion on which such payment was made,
11
35 persons
45
persons in the marriage party though this discrepancy itself may not be of
he defence version that the marriage
was performed in a simple manner and not with the pomp and grandeur
It is well settled that the omission touching the core of
case are capable of amounting to contradictions in the present
case. The allegations regarding specific demands of dowry constitute the
very foundation of the prosecution case and material omissions relating
position that the
evidence of a related witness cannot be discarded merely because of his
relationship with the deceased. Relationship is not synonymous with
CRA-S-2244
untruthfulness. If the testimony of such witness is otherwise trustworthy and
inspires confidence, conviction can safely be based thereupon even in the
absence of independent corroboration.
22.7 At the same time it is equally well settled that where the
prosecution case rests predominantly upon the testimony of interest
witnesses, particularly in cases involving allegations of matrimonial cruelty
occurring within the privacy of matrimonial home the court is required to
subject such evidence to careful an
exaggeration, embellishment or improvement.
22.8 In the present case, the deposition of PW
free from material inconsistencies. Their evidence regarding the alleged
payment of Rs.50,000/
improvements regarding the alleged dowry demand and several important
facts do not find mention in their previous statement
investigation. These inconsistencies when considered cumulatively diminish
the evidentiary values of their testimony and make it unsafe to accept them
without independent corroboration.
23. Another circumstance which assumes considerable significance
is the non-examination of the parents of the deceased. The prosecution
alleges that th
account of demands for dowry. Ordinarily, in such circumstances, the
parents of the deceased would be the first ones to whom such grievance
would be communicated. They were, therefore, the most natura
material witnesses to depose regarding the alleged acts of cruelty and
harassment. Surprisingly, neither the father nor the mother of the deceased
20
2244-SB-2004
untruthfulness. If the testimony of such witness is otherwise trustworthy and
inspires confidence, conviction can safely be based thereupon even in the
absence of independent corroboration.
At the same time it is equally well settled that where the
prosecution case rests predominantly upon the testimony of interest
witnesses, particularly in cases involving allegations of matrimonial cruelty
occurring within the privacy of matrimonial home the court is required to
subject such evidence to careful and cautious scrutiny to rule out
exaggeration, embellishment or improvement.
In the present case, the deposition of PW
free from material inconsistencies. Their evidence regarding the alleged
payment of Rs.50,000/- is mutually destructive. They have also made
improvements regarding the alleged dowry demand and several important
facts do not find mention in their previous statement
investigation. These inconsistencies when considered cumulatively diminish
entiary values of their testimony and make it unsafe to accept them
without independent corroboration.
Another circumstance which assumes considerable significance
examination of the parents of the deceased. The prosecution
alleges that the deceased was continuously subjected to harassment on
account of demands for dowry. Ordinarily, in such circumstances, the
parents of the deceased would be the first ones to whom such grievance
would be communicated. They were, therefore, the most natura
material witnesses to depose regarding the alleged acts of cruelty and
harassment. Surprisingly, neither the father nor the mother of the deceased
untruthfulness. If the testimony of such witness is otherwise trustworthy and
inspires confidence, conviction can safely be based thereupon even in the
At the same time it is equally well settled that where the
prosecution case rests predominantly upon the testimony of interest
witnesses, particularly in cases involving allegations of matrimonial cruelty
occurring within the privacy of matrimonial home the court is required to
d cautious scrutiny to rule out
exaggeration, embellishment or improvement.
In the present case, the deposition of PW-10 and PW-11 are not
free from material inconsistencies. Their evidence regarding the alleged
structive. They have also made
improvements regarding the alleged dowry demand and several important
facts do not find mention in their previous statements recording during
investigation. These inconsistencies when considered cumulatively diminish
entiary values of their testimony and make it unsafe to accept them
Another circumstance which assumes considerable significance
examination of the parents of the deceased. The prosecution
e deceased was continuously subjected to harassment on
account of demands for dowry. Ordinarily, in such circumstances, the
parents of the deceased would be the first ones to whom such grievance
would be communicated. They were, therefore, the most natural and
material witnesses to depose regarding the alleged acts of cruelty and
harassment. Surprisingly, neither the father nor the mother of the deceased
untruthfulness. If the testimony of such witness is otherwise trustworthy and
inspires confidence, conviction can safely be based thereupon even in the
prosecution case rests predominantly upon the testimony of interest
witnesses, particularly in cases involving allegations of matrimonial cruelty
occurring within the privacy of matrimonial home the court is required to
d cautious scrutiny to rule out
11 are not
free from material inconsistencies. Their evidence regarding the alleged
structive. They have also made
improvements regarding the alleged dowry demand and several important
recording during
investigation. These inconsistencies when considered cumulatively diminish
entiary values of their testimony and make it unsafe to accept them
Another circumstance which assumes considerable significance
examination of the parents of the deceased. The prosecution
e deceased was continuously subjected to harassment on
account of demands for dowry. Ordinarily, in such circumstances, the
parents of the deceased would be the first ones to whom such grievance
l and
material witnesses to depose regarding the alleged acts of cruelty and
harassment. Surprisingly, neither the father nor the mother of the deceased
CRA-S-2244
entered the witness box. No explanation whatsoever has been furnished by
the prosecution for withhold
that the prosecution is not bound to examine every witness cited in the
challan, yet where the most natural witnesses are withheld without any
explanation and the prosecution case rests almost entirely upon t
of interested witnesses, the Court is justified in drawing an adverse inference
under Section 114, Illustration (g) of the Indian Evidence Act that, had such
witnesses been examined, their evidence would not have supported the
prosecution case
24. Equally significant is the non
the marriage. The evidence on record establishes that the marriage was
solemnized through the intervention of a mediator. PW
admitted during cross
before the marriage that there was no specific demand for dowry from the
side of the bridegroom’s parents. In matrimonial disputes of this nature, it is
a matter of common experience that whenever differences arise between the
spouses or their families, the first person usually approached for
reconciliation is the mediator who had facilitated the marriage. Such a
person would ordinarily be aware of any persistent demands for dowry or
attempts at settlement between the families. The p
not to examine the mediator.
25. Apart from exposing the inconsistencies in the prosecution case,
the defence also led affirmative evidence in support of its plea that the
deceased was emotionally disturbed and that her death w
consequence of any dowry related cruelty. The defence produced on record
21
2244-SB-2004
entered the witness box. No explanation whatsoever has been furnished by
the prosecution for withholding these material witnesses. Though it is true
that the prosecution is not bound to examine every witness cited in the
challan, yet where the most natural witnesses are withheld without any
explanation and the prosecution case rests almost entirely upon t
of interested witnesses, the Court is justified in drawing an adverse inference
under Section 114, Illustration (g) of the Indian Evidence Act that, had such
witnesses been examined, their evidence would not have supported the
prosecution case.
Equally significant is the non-examination of the mediator of
the marriage. The evidence on record establishes that the marriage was
solemnized through the intervention of a mediator. PW
admitted during cross-examination that the med
before the marriage that there was no specific demand for dowry from the
side of the bridegroom’s parents. In matrimonial disputes of this nature, it is
a matter of common experience that whenever differences arise between the
es or their families, the first person usually approached for
reconciliation is the mediator who had facilitated the marriage. Such a
person would ordinarily be aware of any persistent demands for dowry or
attempts at settlement between the families. The p
not to examine the mediator.
Apart from exposing the inconsistencies in the prosecution case,
the defence also led affirmative evidence in support of its plea that the
deceased was emotionally disturbed and that her death w
consequence of any dowry related cruelty. The defence produced on record
entered the witness box. No explanation whatsoever has been furnished by
ing these material witnesses. Though it is true
that the prosecution is not bound to examine every witness cited in the
challan, yet where the most natural witnesses are withheld without any
explanation and the prosecution case rests almost entirely upon the testimony
of interested witnesses, the Court is justified in drawing an adverse inference
under Section 114, Illustration (g) of the Indian Evidence Act that, had such
witnesses been examined, their evidence would not have supported the
examination of the mediator of
the marriage. The evidence on record establishes that the marriage was
solemnized through the intervention of a mediator. PW-10 Jai Bhagwan
examination that the mediator had informed them
before the marriage that there was no specific demand for dowry from the
side of the bridegroom’s parents. In matrimonial disputes of this nature, it is
a matter of common experience that whenever differences arise between the
es or their families, the first person usually approached for
reconciliation is the mediator who had facilitated the marriage. Such a
person would ordinarily be aware of any persistent demands for dowry or
attempts at settlement between the families. The prosecution, however, chose
Apart from exposing the inconsistencies in the prosecution case,
the defence also led affirmative evidence in support of its plea that the
deceased was emotionally disturbed and that her death was not the
consequence of any dowry related cruelty. The defence produced on record
entered the witness box. No explanation whatsoever has been furnished by
ing these material witnesses. Though it is true
that the prosecution is not bound to examine every witness cited in the
challan, yet where the most natural witnesses are withheld without any
he testimony
of interested witnesses, the Court is justified in drawing an adverse inference
under Section 114, Illustration (g) of the Indian Evidence Act that, had such
witnesses been examined, their evidence would not have supported the
examination of the mediator of
the marriage. The evidence on record establishes that the marriage was
10 Jai Bhagwan
iator had informed them
before the marriage that there was no specific demand for dowry from the
side of the bridegroom’s parents. In matrimonial disputes of this nature, it is
a matter of common experience that whenever differences arise between the
es or their families, the first person usually approached for
reconciliation is the mediator who had facilitated the marriage. Such a
person would ordinarily be aware of any persistent demands for dowry or
rosecution, however, chose
Apart from exposing the inconsistencies in the prosecution case,
the defence also led affirmative evidence in support of its plea that the
as not the
consequence of any dowry related cruelty. The defence produced on record
CRA-S-2244
certain writings of the deceased marked as Mark
and Mark-C/1 to Mark
exhibited they were sought to be p
Malik, handwriting and finger print expert. DW
comparison of the
handwriting of the deceased.
deceased was accustomed to expressing her thoughts in the form of letters,
notes and poetic compositions. In one of the writings, she appears to express
emotional estrangement from her brothers and her desire to reconnect with
them. Another note contains an expres
responsible for her condition and she considered herself answerable for her
own circumstances. Certain other writings disclose an emotional attachment
towards a person named ‘Raju’ and depict considerable mental turmoil. This
Court is conscious that the contents of these writings cannot be treated as
conclusive proof of the defence version. Equally, however, they cannot be
ignored altogether when they form part of the defence evidence and stand
supported by expert testimony. T
of DW-9 primarily on the ground that an expert witness may naturally
support the party at whose instance he has been examined and proceeded to
compare the handwriting itself. Such an approach, in the opinion of t
Court, does not accord with the settled principles governing the appreciation
of expert evidence. While it is true that the opinion of an expert is advisory
in nature and not binding upon the Court, it cannot be discarded on
generalized assumptions. If
opinion, reasons founded on the evidence must be assigned. In the present
22
2244-SB-2004
certain writings of the deceased marked as Mark
C/1 to Mark-C/5. Though these documents were marked and not
exhibited they were sought to be proved through DW
Malik, handwriting and finger print expert. DW
comparison of the disputed writings, the questioned documents were in the
handwriting of the deceased. A perusal of the writings reveals that the
was accustomed to expressing her thoughts in the form of letters,
notes and poetic compositions. In one of the writings, she appears to express
emotional estrangement from her brothers and her desire to reconnect with
them. Another note contains an expression that her in
responsible for her condition and she considered herself answerable for her
own circumstances. Certain other writings disclose an emotional attachment
towards a person named ‘Raju’ and depict considerable mental turmoil. This
Court is conscious that the contents of these writings cannot be treated as
conclusive proof of the defence version. Equally, however, they cannot be
ignored altogether when they form part of the defence evidence and stand
supported by expert testimony. The learned Trial Court rejected the opinion
9 primarily on the ground that an expert witness may naturally
support the party at whose instance he has been examined and proceeded to
compare the handwriting itself. Such an approach, in the opinion of t
Court, does not accord with the settled principles governing the appreciation
of expert evidence. While it is true that the opinion of an expert is advisory
in nature and not binding upon the Court, it cannot be discarded on
generalized assumptions. If the Court chooses to disagree with an expert
opinion, reasons founded on the evidence must be assigned. In the present
certain writings of the deceased marked as Mark-DA, Mark-DB, Mark-DC
C/5. Though these documents were marked and not
roved through DW-9 Shamsher Singh
Malik, handwriting and finger print expert. DW-9 deposed that, upon
disputed writings, the questioned documents were in the
perusal of the writings reveals that the
was accustomed to expressing her thoughts in the form of letters,
notes and poetic compositions. In one of the writings, she appears to express
emotional estrangement from her brothers and her desire to reconnect with
sion that her in-laws were not
responsible for her condition and she considered herself answerable for her
own circumstances. Certain other writings disclose an emotional attachment
towards a person named ‘Raju’ and depict considerable mental turmoil. This
Court is conscious that the contents of these writings cannot be treated as
conclusive proof of the defence version. Equally, however, they cannot be
ignored altogether when they form part of the defence evidence and stand
he learned Trial Court rejected the opinion
9 primarily on the ground that an expert witness may naturally
support the party at whose instance he has been examined and proceeded to
compare the handwriting itself. Such an approach, in the opinion of this
Court, does not accord with the settled principles governing the appreciation
of expert evidence. While it is true that the opinion of an expert is advisory
in nature and not binding upon the Court, it cannot be discarded on
the Court chooses to disagree with an expert
opinion, reasons founded on the evidence must be assigned. In the present
DC
C/5. Though these documents were marked and not
9 Shamsher Singh
9 deposed that, upon
disputed writings, the questioned documents were in the
perusal of the writings reveals that the
was accustomed to expressing her thoughts in the form of letters,
notes and poetic compositions. In one of the writings, she appears to express
emotional estrangement from her brothers and her desire to reconnect with
laws were not
responsible for her condition and she considered herself answerable for her
own circumstances. Certain other writings disclose an emotional attachment
Court is conscious that the contents of these writings cannot be treated as
conclusive proof of the defence version. Equally, however, they cannot be
ignored altogether when they form part of the defence evidence and stand
he learned Trial Court rejected the opinion
9 primarily on the ground that an expert witness may naturally
support the party at whose instance he has been examined and proceeded to
his
Court, does not accord with the settled principles governing the appreciation
of expert evidence. While it is true that the opinion of an expert is advisory
in nature and not binding upon the Court, it cannot be discarded on
the Court chooses to disagree with an expert
opinion, reasons founded on the evidence must be assigned. In the present
CRA-S-2244
case, the prosecution neither subjected the writings to examination by any
other handwriting expert nor produced any scientific evidence
the opinion of DW
themselves may not conclusively establish the defence case, they certainly
constitute a relevant circumstance which lends some support to the plea that
the deceased was un
connected with the alleged dowry demand.
26. The defence further examined DW
Keeper, C.C.I., Charkhi Dadri who produced the official attendance register
showing that the appellant No.1 Ishwar Singh remained on duty from 8.00
AM to 5.00 PM on the date of occurrence. The learned Tri
this evidence on the assumption that, since the residential accommodation of
the accused was situated within the factory premises, he could have
conveniently left his place of work and returned without being noticed. This
reasoning, in t
rather than evidence. A plea of alibi has to be appreciated on the basis of
evidence led by the parties. Once the defence produced official records
indicating the presence of appellant No.1 at hi
prosecution was required to discredit the same by cogent evidence. The Trial
Court could not have rejected documentary evidence merely on hypothetical
possibilities unsupported by any material on record. Though the said
evidence may not completely exonerate appellant No.1 by itself, it certainly
constitutes another circumstance creating doubt regarding the prosecution
version.
27. The medical evidence also does not substantially advance the
23
2244-SB-2004
case, the prosecution neither subjected the writings to examination by any
other handwriting expert nor produced any scientific evidence
the opinion of DW-9. In these circumstances, although the writings by
themselves may not conclusively establish the defence case, they certainly
constitute a relevant circumstance which lends some support to the plea that
the deceased was under emotional distress for reasons not necessarily
connected with the alleged dowry demand.
The defence further examined DW
Keeper, C.C.I., Charkhi Dadri who produced the official attendance register
showing that the appellant No.1 Ishwar Singh remained on duty from 8.00
AM to 5.00 PM on the date of occurrence. The learned Tri
this evidence on the assumption that, since the residential accommodation of
the accused was situated within the factory premises, he could have
conveniently left his place of work and returned without being noticed. This
reasoning, in the considered opinion of this Court is found upon conjecture
rather than evidence. A plea of alibi has to be appreciated on the basis of
evidence led by the parties. Once the defence produced official records
indicating the presence of appellant No.1 at hi
prosecution was required to discredit the same by cogent evidence. The Trial
Court could not have rejected documentary evidence merely on hypothetical
possibilities unsupported by any material on record. Though the said
may not completely exonerate appellant No.1 by itself, it certainly
constitutes another circumstance creating doubt regarding the prosecution
The medical evidence also does not substantially advance the
case, the prosecution neither subjected the writings to examination by any
other handwriting expert nor produced any scientific evidence contradicting
9. In these circumstances, although the writings by
themselves may not conclusively establish the defence case, they certainly
constitute a relevant circumstance which lends some support to the plea that
der emotional distress for reasons not necessarily
The defence further examined DW-6 Jagan Singh, Time
Keeper, C.C.I., Charkhi Dadri who produced the official attendance register
showing that the appellant No.1 Ishwar Singh remained on duty from 8.00
AM to 5.00 PM on the date of occurrence. The learned Trial Court discarded
this evidence on the assumption that, since the residential accommodation of
the accused was situated within the factory premises, he could have
conveniently left his place of work and returned without being noticed. This
he considered opinion of this Court is found upon conjecture
rather than evidence. A plea of alibi has to be appreciated on the basis of
evidence led by the parties. Once the defence produced official records
indicating the presence of appellant No.1 at his place of employment, the
prosecution was required to discredit the same by cogent evidence. The Trial
Court could not have rejected documentary evidence merely on hypothetical
possibilities unsupported by any material on record. Though the said
may not completely exonerate appellant No.1 by itself, it certainly
constitutes another circumstance creating doubt regarding the prosecution
The medical evidence also does not substantially advance the
case, the prosecution neither subjected the writings to examination by any
contradicting
9. In these circumstances, although the writings by
themselves may not conclusively establish the defence case, they certainly
constitute a relevant circumstance which lends some support to the plea that
der emotional distress for reasons not necessarily
6 Jagan Singh, Time
Keeper, C.C.I., Charkhi Dadri who produced the official attendance register
showing that the appellant No.1 Ishwar Singh remained on duty from 8.00
al Court discarded
this evidence on the assumption that, since the residential accommodation of
the accused was situated within the factory premises, he could have
conveniently left his place of work and returned without being noticed. This
he considered opinion of this Court is found upon conjecture
rather than evidence. A plea of alibi has to be appreciated on the basis of
evidence led by the parties. Once the defence produced official records
s place of employment, the
prosecution was required to discredit the same by cogent evidence. The Trial
Court could not have rejected documentary evidence merely on hypothetical
possibilities unsupported by any material on record. Though the said
may not completely exonerate appellant No.1 by itself, it certainly
constitutes another circumstance creating doubt regarding the prosecution
The medical evidence also does not substantially advance the
CRA-S-2244
prosecution case. PW
examination, stated that there were no external injuries on the body of the
deceased apart from the ligature mark. The report of the Forensic Science
Laboratory was also negative with regard to poisoning. During his cross
examination, PW
corner of the ligature mark bleeding into the internal muscle and bleeding in
the wall of carotid vessels, they are the sure signs of anti
they are absent that does no
salivation, abrasion at the corners
internal muscles and bleeding in the walls of carotid vessels does not
necessarily indicate that the death was post
per this witness, who is an expert in the field, certain classical features
ordinarily associated with ante
may not invariably be present. He further admitted that absence of such
features does n
mortem. Thus, the medical evidence does not conclusively negate the
possibility of suicidal hanging. It is, therefore, unsafe
adverse to the appellants merely on the basis o
28. Upon an overall evaluation on the evidence, the court finds that
the prosecution has undoubtedly established that deceased died an unnatural
death within seven years of her marriage, however, proof of these two facts
alone is insufficient to attract the offence under Section 304
prosecution was further required to establish beyond reasonable doubt that
the deceased was subjected to cruelty or harassment in connection with a
demand for dowry and that such cruelty or haras
24
2244-SB-2004
prosecution case. PW-5 Dr. S.S. Dhankar, who conducted the postmortem
examination, stated that there were no external injuries on the body of the
deceased apart from the ligature mark. The report of the Forensic Science
Laboratory was also negative with regard to poisoning. During his cross
amination, PW-5, Dr. S.S. Dhankar, stated that
corner of the ligature mark bleeding into the internal muscle and bleeding in
the wall of carotid vessels, they are the sure signs of anti
they are absent that does not mean it is post
salivation, abrasion at the corners of the ligature mark, bleeding into the
internal muscles and bleeding in the walls of carotid vessels does not
necessarily indicate that the death was post-mortem death in n
per this witness, who is an expert in the field, certain classical features
ordinarily associated with ante-mortem hanging, such as dribbling of saliva,
may not invariably be present. He further admitted that absence of such
features does not, by itself necessarily indicate that the death was post
mortem. Thus, the medical evidence does not conclusively negate the
possibility of suicidal hanging. It is, therefore, unsafe
to the appellants merely on the basis o
Upon an overall evaluation on the evidence, the court finds that
the prosecution has undoubtedly established that deceased died an unnatural
death within seven years of her marriage, however, proof of these two facts
fficient to attract the offence under Section 304
prosecution was further required to establish beyond reasonable doubt that
the deceased was subjected to cruelty or harassment in connection with a
demand for dowry and that such cruelty or haras
r, who conducted the postmortem
examination, stated that there were no external injuries on the body of the
deceased apart from the ligature mark. The report of the Forensic Science
Laboratory was also negative with regard to poisoning. During his cross-
5, Dr. S.S. Dhankar, stated that salvation abrasion of
corner of the ligature mark bleeding into the internal muscle and bleeding in
the wall of carotid vessels, they are the sure signs of anti-mortem death but if
t mean it is post-mortem death. the absence of
of the ligature mark, bleeding into the
internal muscles and bleeding in the walls of carotid vessels does not
mortem death in nature. Thus, as
per this witness, who is an expert in the field, certain classical features
mortem hanging, such as dribbling of saliva,
may not invariably be present. He further admitted that absence of such
ot, by itself necessarily indicate that the death was post-
mortem. Thus, the medical evidence does not conclusively negate the
possibility of suicidal hanging. It is, therefore, unsafe to derive any inference
to the appellants merely on the basis of medical evidence.
Upon an overall evaluation on the evidence, the court finds that
the prosecution has undoubtedly established that deceased died an unnatural
death within seven years of her marriage, however, proof of these two facts
fficient to attract the offence under Section 304-B IPC. The
prosecution was further required to establish beyond reasonable doubt that
the deceased was subjected to cruelty or harassment in connection with a
demand for dowry and that such cruelty or harassment was inflicted soon
r, who conducted the postmortem
examination, stated that there were no external injuries on the body of the
deceased apart from the ligature mark. The report of the Forensic Science
salvation abrasion of
corner of the ligature mark bleeding into the internal muscle and bleeding in
mortem death but if
the absence of
of the ligature mark, bleeding into the
internal muscles and bleeding in the walls of carotid vessels does not
ature. Thus, as
per this witness, who is an expert in the field, certain classical features
mortem hanging, such as dribbling of saliva,
may not invariably be present. He further admitted that absence of such
mortem. Thus, the medical evidence does not conclusively negate the
to derive any inference
Upon an overall evaluation on the evidence, the court finds that
the prosecution has undoubtedly established that deceased died an unnatural
death within seven years of her marriage, however, proof of these two facts
B IPC. The
prosecution was further required to establish beyond reasonable doubt that
the deceased was subjected to cruelty or harassment in connection with a
sment was inflicted soon
CRA-S-2244
before her death. On a careful scrutiny of the evidence, this Court finds that
the prosecution has failed to discharge this burden beyond shadow of
reasonable doubt. The prosecution case rests almost upon the testimony of
PW-10 Jai Bhagwan and PW
improvements and inconsistent statements on significant aspects of the
prosecution case. Their depositions remain uncorroborated by any
independent witness. The parents of the deceased who were the m
witnesses regarding the alleged acts of cruelty and harassment were not
examined. Likewise, the marriage mediator who could have thrown
considerable light on the allegations regarding dowry demand, was also
withheld without any explanation. The
succeeded in placing on record material which, though not conclusively
proving its version, renders the prosecution story doubtful. The writings
attributed to the deceased, the unrebutted opinion of the handwriting expert,
the documentary evidence relating to plea of alibi and the medical evidence
collectively create reasonable doubt which cannot be ignored.
29. It is cardinal principle of criminal jurisprudence that suspicion,
however grave, cannot substitute legal proof.
its own legs and prove its case beyond reasonable doubt. Where two views
are reasonably possible on evidence adduced, the one favourable to the
accused must necessarily prevail.
Maharashtra, (1984) 4 SCC 116;
Kali Ram v. State of Himachal Pradesh, 1973 (2) SCC 808;
Supreme Court had emphasised that where circumstances create reasonable
doubt, the accused is entitled to its benefit.
25
2244-SB-2004
before her death. On a careful scrutiny of the evidence, this Court finds that
the prosecution has failed to discharge this burden beyond shadow of
reasonable doubt. The prosecution case rests almost upon the testimony of
Bhagwan and PW-11 Surender Singh who have made material
improvements and inconsistent statements on significant aspects of the
prosecution case. Their depositions remain uncorroborated by any
independent witness. The parents of the deceased who were the m
witnesses regarding the alleged acts of cruelty and harassment were not
examined. Likewise, the marriage mediator who could have thrown
considerable light on the allegations regarding dowry demand, was also
withheld without any explanation. The defence on the other side, has
succeeded in placing on record material which, though not conclusively
proving its version, renders the prosecution story doubtful. The writings
attributed to the deceased, the unrebutted opinion of the handwriting expert,
he documentary evidence relating to plea of alibi and the medical evidence
collectively create reasonable doubt which cannot be ignored.
It is cardinal principle of criminal jurisprudence that suspicion,
however grave, cannot substitute legal proof.
its own legs and prove its case beyond reasonable doubt. Where two views
are reasonably possible on evidence adduced, the one favourable to the
accused must necessarily prevail. In Sharad Birdhichand Sarda v. State of
htra, (1984) 4 SCC 116; while relying upon its previous decision in
Kali Ram v. State of Himachal Pradesh, 1973 (2) SCC 808;
Supreme Court had emphasised that where circumstances create reasonable
doubt, the accused is entitled to its benefit. The relevant part is reproduced
before her death. On a careful scrutiny of the evidence, this Court finds that
the prosecution has failed to discharge this burden beyond shadow of
reasonable doubt. The prosecution case rests almost upon the testimony of
11 Surender Singh who have made material
improvements and inconsistent statements on significant aspects of the
prosecution case. Their depositions remain uncorroborated by any
independent witness. The parents of the deceased who were the most natural
witnesses regarding the alleged acts of cruelty and harassment were not
examined. Likewise, the marriage mediator who could have thrown
considerable light on the allegations regarding dowry demand, was also
defence on the other side, has
succeeded in placing on record material which, though not conclusively
proving its version, renders the prosecution story doubtful. The writings
attributed to the deceased, the unrebutted opinion of the handwriting expert,
he documentary evidence relating to plea of alibi and the medical evidence
collectively create reasonable doubt which cannot be ignored.
It is cardinal principle of criminal jurisprudence that suspicion,
The prosecution must stand on
its own legs and prove its case beyond reasonable doubt. Where two views
are reasonably possible on evidence adduced, the one favourable to the
Sharad Birdhichand Sarda v. State of
while relying upon its previous decision in
Kali Ram v. State of Himachal Pradesh, 1973 (2) SCC 808; the Hon'ble
Supreme Court had emphasised that where circumstances create reasonable
The relevant part is reproduced
before her death. On a careful scrutiny of the evidence, this Court finds that
the prosecution has failed to discharge this burden beyond shadow of
reasonable doubt. The prosecution case rests almost upon the testimony of
11 Surender Singh who have made material
improvements and inconsistent statements on significant aspects of the
prosecution case. Their depositions remain uncorroborated by any
ost natural
witnesses regarding the alleged acts of cruelty and harassment were not
examined. Likewise, the marriage mediator who could have thrown
considerable light on the allegations regarding dowry demand, was also
defence on the other side, has
succeeded in placing on record material which, though not conclusively
proving its version, renders the prosecution story doubtful. The writings
attributed to the deceased, the unrebutted opinion of the handwriting expert,
he documentary evidence relating to plea of alibi and the medical evidence
It is cardinal principle of criminal jurisprudence that suspicion,
The prosecution must stand on
its own legs and prove its case beyond reasonable doubt. Where two views
are reasonably possible on evidence adduced, the one favourable to the
Sharad Birdhichand Sarda v. State of
while relying upon its previous decision in
the Hon'ble
Supreme Court had emphasised that where circumstances create reasonable
The relevant part is reproduced
CRA-S-2244
below:
“162. We then pass on to another important point which seems to
have been completely missed by the High Court. It is well settled
that where on the evidence two possibilities are available or open,
one which goes in f
benefits an accused, the accused is undoubtedly entitled to the
benefit of doubt. In
(1973) 2 SCC 808
"Another golden thread
administration of justice in criminal cases is that if two views are
possible on the evidence adduced in the case, one pointing to the
guilt of the accused and the other to his innocence, the view which
is favourable to th
a special relevance in cases wherein the guilt of the accused is
sought to be established by circumstantial evidence."
30. In the considered opinion of this Court, the prosecution has
failed to establish the
presumption under Section 113
the burden never shifted upon the appellants to explain the circumstances of
the death.
31. Similarly,
concerned there is no satisfactory evidence regarding entrustment of any
dowry articles to the appellants or that any subsequent dishonest
misappropriation or refusal to return the same. Accordingly, the conviction
recorded under Section 406 IPC also cannot sustain.
32. In view of the aforesaid discussion, the present appeal deserves
to be allowed.
33. The present appeal is accordingly allowed. The impugned
26
2244-SB-2004
“162. We then pass on to another important point which seems to
have been completely missed by the High Court. It is well settled
that where on the evidence two possibilities are available or open,
one which goes in favour of the prosecution and the other which
benefits an accused, the accused is undoubtedly entitled to the
benefit of doubt. In Kali Ram v. State of Himachal Pradesh,
(1973) 2 SCC 808, this Court made the following observations :
"Another golden thread which runs through the web of the
administration of justice in criminal cases is that if two views are
possible on the evidence adduced in the case, one pointing to the
guilt of the accused and the other to his innocence, the view which
is favourable to the accused should be adopted. This principle has
a special relevance in cases wherein the guilt of the accused is
sought to be established by circumstantial evidence."
In the considered opinion of this Court, the prosecution has
failed to establish the foundational facts necessary for attracting the statutory
presumption under Section 113-B of the Indian Evidence Act. Consequently,
the burden never shifted upon the appellants to explain the circumstances of
Similarly, insofar as the conviction under Section 406 IPC is
concerned there is no satisfactory evidence regarding entrustment of any
dowry articles to the appellants or that any subsequent dishonest
misappropriation or refusal to return the same. Accordingly, the conviction
d under Section 406 IPC also cannot sustain.
In view of the aforesaid discussion, the present appeal deserves
to be allowed.
The present appeal is accordingly allowed. The impugned
“162. We then pass on to another important point which seems to
have been completely missed by the High Court. It is well settled
that where on the evidence two possibilities are available or open,
avour of the prosecution and the other which
benefits an accused, the accused is undoubtedly entitled to the
Kali Ram v. State of Himachal Pradesh,
, this Court made the following observations :
which runs through the web of the
administration of justice in criminal cases is that if two views are
possible on the evidence adduced in the case, one pointing to the
guilt of the accused and the other to his innocence, the view which
e accused should be adopted. This principle has
a special relevance in cases wherein the guilt of the accused is
sought to be established by circumstantial evidence."
In the considered opinion of this Court, the prosecution has
foundational facts necessary for attracting the statutory
B of the Indian Evidence Act. Consequently,
the burden never shifted upon the appellants to explain the circumstances of
nviction under Section 406 IPC is
concerned there is no satisfactory evidence regarding entrustment of any
dowry articles to the appellants or that any subsequent dishonest
misappropriation or refusal to return the same. Accordingly, the conviction
d under Section 406 IPC also cannot sustain.
In view of the aforesaid discussion, the present appeal deserves
The present appeal is accordingly allowed. The impugned
“162. We then pass on to another important point which seems to
have been completely missed by the High Court. It is well settled
that where on the evidence two possibilities are available or open,
avour of the prosecution and the other which
benefits an accused, the accused is undoubtedly entitled to the
Kali Ram v. State of Himachal Pradesh,
which runs through the web of the
administration of justice in criminal cases is that if two views are
possible on the evidence adduced in the case, one pointing to the
guilt of the accused and the other to his innocence, the view which
e accused should be adopted. This principle has
a special relevance in cases wherein the guilt of the accused is
In the considered opinion of this Court, the prosecution has
foundational facts necessary for attracting the statutory
B of the Indian Evidence Act. Consequently,
the burden never shifted upon the appellants to explain the circumstances of
nviction under Section 406 IPC is
concerned there is no satisfactory evidence regarding entrustment of any
dowry articles to the appellants or that any subsequent dishonest
misappropriation or refusal to return the same. Accordingly, the conviction
In view of the aforesaid discussion, the present appeal deserves
The present appeal is accordingly allowed. The impugned
CRA-S-2244
judgment of conviction dated 20.10.2004 and order of sentence da
21.10.2004 passed by the Learned Additional Sessions Judge, Bhiwani,
convicting the appellants No.1 and 2 under Sections 304
Indian Penal Code, are hereby set aside. The appellant No.1 Ishwar Singh
and appellant No.2 Sumitra Devi are a
them by extending the benefit of doubt to them.
34. The appellants are on bail. Their bail bonds/surety bonds shall
stand discharged. Pending miscellaneous application(s), if any, shall also
stand disposed of.
20.07.2026
puneet
i) Whether speaking/reasoned?
ii) Whether reportable?
27
2244-SB-2004
judgment of conviction dated 20.10.2004 and order of sentence da
21.10.2004 passed by the Learned Additional Sessions Judge, Bhiwani,
convicting the appellants No.1 and 2 under Sections 304
Indian Penal Code, are hereby set aside. The appellant No.1 Ishwar Singh
and appellant No.2 Sumitra Devi are acquitted of the charges levelled against
them by extending the benefit of doubt to them.
The appellants are on bail. Their bail bonds/surety bonds shall
stand discharged. Pending miscellaneous application(s), if any, shall also
stand disposed of.
(RUPINDERJIT CHAHAL)
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
judgment of conviction dated 20.10.2004 and order of sentence dated
21.10.2004 passed by the Learned Additional Sessions Judge, Bhiwani,
convicting the appellants No.1 and 2 under Sections 304-B and 406 of the
Indian Penal Code, are hereby set aside. The appellant No.1 Ishwar Singh
cquitted of the charges levelled against
them by extending the benefit of doubt to them.
The appellants are on bail. Their bail bonds/surety bonds shall
stand discharged. Pending miscellaneous application(s), if any, shall also
(RUPINDERJIT CHAHAL)
JUDGE
Yes/No
Yes/No
ted
21.10.2004 passed by the Learned Additional Sessions Judge, Bhiwani,
B and 406 of the
Indian Penal Code, are hereby set aside. The appellant No.1 Ishwar Singh
cquitted of the charges levelled against
The appellants are on bail. Their bail bonds/surety bonds shall
stand discharged. Pending miscellaneous application(s), if any, shall also
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