Mustafa Shahadal Shaikh vs State Of Maharashtra

2) The facts and circumstances giving rise to this appeal are as under :

Kolhapur, Maharashtra. After marriage, Hasina was staying with the appellant in her matrimonial home at Ujalawadi Taluka Karveer, Dist. Kolhapur, Maharashtra. On 23.08.1989, when she was at her matrimonial home, she committed suicide by consuming poison. She was taken to CPR Hospital at Kolhapur where the doctor declared that she was brought dead. The appellant and his parents informed about her death to her family members.

(b) On the same day, Abdul Rahim Shaikh (PW-4) the grand-father of the deceased lodged an F.I.R. at Karveer Police Station, Kohlapur alleging torture and harassment faced by the deceased on account of demand for dowry. On the basis of the said report, C.P. No. 186/89 (Exh.20) was registered against the appellant and his family members for the offence punishable under Sections 306, 304-B and 498-A read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”).

(c) The case was committed to the Court of Sessions and numbered as Sessions Case No. 7 of 1990 and A-1 Husband, A-2 Father, A-3 Mother, A-4 sister-in-law were arrayed as accused nos. 1 to 4. During the trial, prosecution examined 12 witnesses and marked several documents. By order dated 07.12.1990, the 4th Additional Sessions Judge, while acquitting the sister (A-4) of the appellant herein, convicted the appellant and his parents for the offence punishable under Sections 498-A and 304-B read with Section 34 of IPC and sentenced them to suffer RI for 1 year along with a fine of Rs.1,000/-, in default, to further under RI for 6 months and RI for 7 years respectively.

(d) Being aggrieved, the appellant and his parents preferred Criminal Appeal No. 891 of 1990 before the High Court of Bombay. During the pendency of the appeal before the High Court, the parents (A-2 and A-3) of the appellant expired and the appeal against them stood abated. By the impugned judgment dated 28.11.2007, the High Court dismissed the appeal while confirming the conviction and sentence imposed by the trial Court against the appellant.

When the above ingredients are established by reliable and acceptable evidence, such death shall be called dowry death and such husband or his relatives shall be deemed to have caused her death. If the above-mentioned ingredients attract in view of the special provision, the court shall presume and it shall record such fact as proved unless and until it is disproved by the accused. However, it is open to the accused to adduce such evidence for disproving such compulsory presumption as the burden is unmistakably on him to do so and he can discharge such burden by getting an answer through cross-examination of prosecution witnesses or by adducing evidence on the defence side.

15) From these materials, we are satisfied that the prosecution has clearly established the offence under Section 304B IPC and the same has been rightly accepted by the trial Court and confirmed by the High Court.

18) In the light of what is stated above, we fully concur with the conclusion arrived at by the trial Court and the High Court. Consequently, the appeal fails and accordingly dismissed.

SEPTEMBER 14, 2012.