Case: Pradeep Kumar Vs. State of Haryana

Act, 1961 (28 of 1961).(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.” The provision has application when 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 relatives of her husband for, or in connection with any demand for dowry. In order to attract application of Section 304-B IPC, the essential ingredients are as follows: (i) The death of a woman should be caused by burns or bodily injury or otherwise than under a normal circumstance.(ii) Such a death should have occurred within seven years of her marriage.(iii) She must have been subjected to cruelty or harassment by her husband or any relative of her husband.(iv) Such cruelty or harassment should be for or in connection with demand of dowry.(v) Such cruelty or harassment is shown to have been meted out to the woman soon before her death. Section 113-B of the Evidence Act is also relevant for the case at hand. Both Section 304-B IPC and Section 113-B of the Evidence Act were inserted as noted earlier by Dowry Prohibition (Amendment) Act 43 of 1986 with a view to combat the increasing menace of dowry deaths. Section 113-B reads as follows: “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 caused the dowry death.[pic]Explanation.—For the purposes of this section, ‘dowry death’ shall have the same meaning as in Section 304-B of the Indian Penal Code (45 of 1860).” The necessity for insertion of the two provisions has been amply analysed by the Law Commission of India in its 21st Report dated 10-8-1988 on “Dowry Deaths and Law Reform”. Keeping in view the impediment in the pre-existing law in securing evidence to prove dowry-related deaths, the legislature thought it wise to insert a provision relating to presumption of dowry death on proof of certain essentials. It is in this background that presumptive Section 113-B in the Evidence Act has been inserted. As per the definition of “dowry death” in Section 304-B IPC and the wording in the presumptive Section 113-B of the Evidence Act, one of the essential ingredients, amongst others, in both the provisions is that the woman concerned must have been “soon before her death” subjected to cruelty or harassment “for or in connection with the demand of dowry”. Presumption under Section 113-B is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death. The presumption shall be raised only on proof of the following essentials: (1) The question before the court must be whether the accused has committed the dowry death of the woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC.)(2) The woman was subjected to cruelty or harassment by her husband or his relatives.(3) Such cruelty or harassment was for or in connection with any demand for dowry.(4) Such cruelty or harassment was soon before her death.” 19. In the present case, it is not in dispute that marriage took place on 20th June, 1995. Manju, wife of the accused Pradeep Kumar got burnt on 1st March, 1996 and died on 12th March, 1996 within nine months of her marriage. Death of Manju was caused by burns i.e. otherwise than under normal circumstances. It has already been seen that soon before her death she was subjected to cruelty and harassment in connection with demand of dowry. All the five ingredients were proved by the prosecution. Under Section 113-B of the Evidence Act when a question arises whether a person committed dowry death and it is proved that the death of woman took place within seven years of marriage; such death took place not under normal circumstances and soon before the death deceased was subjected to cruelty or harassment by such person for or in connection with any demand for dowry, the Court shall presume that such person had caused the dowry death. The prosecution having successfully proved the dowry death, the Trial Court and the High Court correctly held the accused Pradeep Kumar guilty of the offence under Section 304B. 20. Section 498-A IPC reads as follows: “498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.Explanation.—For the purpose of this section, “cruelty” means—(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.” 21. In the present case, on the basis of the evidence of Subedar Sapattar Singh (PW-8) and dying declaration, it can be clearly concluded that the Trial Court and the High Court rightly held that the accused Pradeep Kumar had subjected Manju to harassment as defined under Clause (b) of explanation to Section 498-A.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]13. On going through the dying declaration, we have held that the second part of dying declaration inspires confidence so as to consider it to be a dying declaration of the deceased. The first part of dying declaration is tutored by the accused-husband as apparent from the said part of the dyingFrom the aforesaid, evidence of Sapattar Singh (PW-8) and dying declaration, we find that there was a demand of dowry and harassment soon before the death.In the present case, it is not in dispute that marriage took place on 20th June, 1995. Manju, wife of the accused Pradeep Kumar got burnt on 1st March, 1996 and died on 12th March, 1996 within nine months of her marriage. Death of Manju was caused by burns i.e. otherwise than under normal circumstances. It has already been seen that soon before her death she was subjected to cruelty and harassment in connection with demand of dowry. All the five ingredients were proved by the prosecution. Under Section 113-B of the Evidence Act when a question arises whether a person committed dowry death and it is proved that the death of woman took place within seven years of marriage; such death took place not under normal circumstances and soon before the death deceased was subjected to cruelty or harassment by such person for or in connection with any demand for dowry, the Court shall presume that such person had caused the dowry death. The prosecution having successfully proved the dowry death, the Trial Court and the High Court correctly held the accused Pradeep Kumar guilty of the offence under Section 304B.In the present case, on the basis of the evidence of Subedar Sapattar Singh (PW-8) and dying declaration, it can be clearly concluded that the Trial Court and the High Court rightly held that the accused Pradeep Kumar had subjected Manju to harassment as defined under Clause (b) of explanation to Section