Case: Pradeep Kumar Vs. State of Haryana

2. The case of the prosecution is that Manju alias Uma Devi had been married to the accused Pradeep Kumar on 20th June, 1995. On 1st March, 1996 she received burn injuries and was got admitted in the Medical College Hospital, Rohtak. On 2nd March, 1996, she made her dying declaration before the Chief Judicial Magistrate, Rohtak. In the first part of the said dying declaration she asserted that it was a case of accident, whereas in the latter part she alleged that her husband had been pressing to fetch a sum of Rs. One lakh from her parents and had been threatening to kill her if she did not bring the money. She also alleged that around 5.30 a.m. on 1st March, 1996 her husband doused her in kerosene from behind and set her on fire and later on he tried to save her when she raised alarm and on doing so his hands got burnt.On the basis of this statement, First Information Report was recorded against the accused. The matter was investigated. On 12th March, 1996 Manju alias Uma died. Thereafter, the case was converted under Section 304-B IPC and after completion of investigation challan was presented in the Court and on commitment, the accused was charged in the manner noticed above.3. In support of their case, prosecution examined 9 witnesses. Usha (PW- 6), mother of the deceased and Sapattar Singh (PW-8), father of the deceased are the material witnesses.4. On appreciation of evidence and hearing the parties learned Sessions Judge, Karnal, observed asFrom the totality of the discussion noticed herein above it would appear that the accused had been responsible for the murder of his wife and also of causing torture and harassment to her. However, since he has been charged only under Section 498-A and 304-B Indian Penal Code, I would hold him guilty for the said offence and convict him there under which are lesser offences than Section 302 Indian Penal Code. I call upon the accused to address argument and to show the extenuating circumstances and to address arguments on the quantum of

Reasoning:
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