NDLI: Devender Singh & Ors. Vs. The State of Uttarakhand

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1872 – s. 113B – Dowry death 498A & 120B –Evidence Act Penal Code 1860: ss. 304B
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: ss. 304B, 498A & 120B –Evidence Act, 1872 – s. 113B – Dowry death – Presumption of dowry death – On facts, complaint against appellants-husband, mother-in-law and brother-in-law of the victim-wife that the victim was repeatedly harassed for dowry and she died unnatural death within six months of the marriage – Victim went missing from her matrimonial home and her body was subsequently found in the river after 10 days – Conviction and sentence of the appellants u/s. 498A, 304B and 120B by the High Court – On appeal, held: s. 304B r/w s. 113B of the 1872 Act makes it clear that once the prosecution has succeeded in demonstrating that a woman has been subjected to cruelty or harassment for or in connection with any demand for dowry soon after her death, a presumption shall be drawn against the said persons that they have caused dowry death as contemplated u/s. 304B – Said presumption can be rebutted by the accused on demonstrating during the trial that all the ingredients of s. 304B have not been satisfied – Phrase ‘soon before her death’ in s. 304B, ought to be interpreted to mean proximate and to be linked with but not to be understood to mean immediately prior to the death – On facts, basic ingredients of s. 304B that death being not normal and death occurring within 7 years of marriage established – Also established that deceased was residing at her matrimonial home and had gone missing in circumstances where all the ingredients of s. 304B stood satisfied – Testimonies of prosecution witnesses-close relatives of the victim corroborates the fact of the dowry demand and harassment and cruelty being caused to the victim-deceased – Furthermore, the testimony of doctor that death occurred due to the injuries received before falling into the river – Failure of appellants to rebut the presumption drawn against them u/s.113B, as regards offence u/s. 304B – However, it has been established the mother in-law and brother in-law of the deceased were residing in a different house, and the demand for dowry was essentially for the benefit of the husband only, and no specific evidence led to show conspiracy hatched by the appellants – Thus, the conviction of the mother in law and the brother in-law not justified and set aside – Order of conviction and sentence as regards the husband of the victim by the High Court, upheld.
Judge	Hon'ble Ms. Justice Hima Kohli
Neutral Citation	2022 INSC 457
Petitioner	Devender Singh & Ors.
Respondent	The State Of Uttarakhand
SCR	[2022] 4 S.C.R. 1037
Judgement Date	2022-04-21
Case Number	383

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