Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | presumption Dowry death |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
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 Disposed Off |
Headnote | Penal Code, 1860: ss. 304B and 201 r/w s. 34 – Dowry death – Prosecution case was that the victim-deceased daughter of informant (PW-3) was married to A-1 – Within few months of marriage, A-1, his father (A-2) and his mother (A-3) started harassing her for cash and motor cycle – They threatened the victim that if the demand was not fulfilled then they would throw her out of matrimonial home and get A-1 married to someone else – Similar message was conveyed to PW-3 by his son-in-law (PW-2) with whom A-1 had raised the issue of insufficient dowry – It was within 15 days of this incident that PW-3 received information from PW-2 about his daughter having gone missing from matrimonial home – A missing complaint was lodged with local police after making futile search – Five days after the complaint, a dead body was recovered from the banks of the river – PW-3 identified the body as that of his daughter – Doctor who conducted autopsy deposed that there was no evidence of any ante-mortem injury – Trial Court convicted all the accused under ss.304 B and 201 r/w s.34 on the basis of circumstantial evidence – High Court upheld conviction – Appeal against conviction – A-2 died during pendency of appeal – Held: The circumstances set out in s.304B were established in the light of the fact that the deceased, had gone missing from her matrimonial home within a few months of her marriage and immediately after demands of dowry were made on her and that her death had occurred under abnormal circumstances – Such a death has to be charactarized as a “dowry death” – There was sufficient evidence to inculpate A-1 (husband of the deceased) – The circumstances put together, unerringly pointed to his guilt in extinguishing the life of his wife within a few months of the marriage on her failing to satisfy the demands of dowry – The impugned judgment and order of sentence imposed on A-1 is maintained – However, against A-3(Mother-in-law), evidence showed only omnibus allegations against her with respect to dowry demands – Prosecution was not able to indicate any specific allegations, nor pointed to any specific evidence or testimony against her – Conviction order against her is set aside. |
Judge | Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2021 INSC 911 |
Petitioner | Parvati Devi |
Respondent | The State Of Bihar Now State Of Jharkhand & Ors. |
SCR | [2021] 9 S.C.R. 711 |
Judgement Date | 2021-12-17 |
Case Number | 574 |
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