Nevertheless, the provision should not be used as a device to achieve oblique motives, Onkar Nath Mishra v. According sentence of life imprisonment awarded by the trial for the offence under section 304-B IPC is reduced and the accused-appellant Ram Ajor is sentenced to the period already undergone by him. Citing the judgement of a three-judge bench in the "Hemchand V State of Haryana" case, the apex court said Section 304 B merely raises a presumption of dowry death and Mishra and Neelima Mishra, each of them have undergone imprisonment of more than one year. The evidence of PW-1 Surya Bhan and PW-2 Daya Ram, who are brother and father of deceased, make it clear that deceased was being harassed on account of demand of a golden chain and colour TV. However, his sentence of life imprisonment imposed by the courts below appears to us to be excessive. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. On the other hand, Dr. Dalbir Singh, P.W. The interval between cruelty and death of deceased is not much and such gap has to be examined in the attending facts and circumstances of the matter. Therefore awarding extreme punishment for life should be in rare cases and not in every case.”. 7 gave one opinion. 7 of the judgment has held as under:-, “7. Further, the provision is applicable if the following essentials are present in the offence committed- 1. In Kulwant Singh & Ors. When offence of dowry death under Section 304B of the IPC can be made out? Therefore at the most it can be said that the prosecution proved that it was an unnatural death in which case also Section 304-B I.P.C. Under Section 304-B (dowry death) of the IPC, the minimum punishment is seven years but the maximum punishment can go up to life imprisonment. The provision is given wider scope as to cover all deaths of wives who are dead within seven years of marriage, the presumption of offence provides this scope. In fact, this Court in the case of Hem Chand Vs. State of Haryana (1994) 6 SCC 727 has held that while imposing the sentence, awarding extreme punishment of imprisonment for life under Section 304-B IPC should be in rare cases and not in every case. Accused persons were examined under section 313 Cr.P.C., wherein accused-appellant Ram Ajor took the plea that his marriage was solemnized with deceased about 7-8 years ago and after death of his wife Vimla Devi, informant Daya Ram was making illicit demand of money from him and when he declined, a false case was lodged against him. When a woman enters into a union she has many salubrious expectations. There must be existence of a proximate and live links between the effect or cruelty based on dowry demand and the concerned death. One constable Devi Sharan Pandey was examined as DW-2. Thereafter, police have reached at the spot. Cases related to dowry death. Now coming to the question of sentence, it can be seen thatSection 304-B I.P.C., lays down that “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 point for consideration is whether the extreme punishment of imprisonment for life is warranted in the instant case. When deceased told these facts to her maternal family, her father has given a buffalo and some cash to the appellant but he was still not satisfied and continued to harass the deceased. India holds the highest number of Dowry Death cases in the World. Let the lower court record be transmit to the trial court concerned for its information and compliance. also. 19. Being aggrieved by the impugned judgment and order, accused-appellant has preferred this criminal appeal. However, the Uttarakhand High Court reversed the judgment and convicted the accused husband of causing the dowry death. For the offence under section 304-B IPC, the punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. Section 304B IPC thus prescribes statutory minimum of seven years. In Kulwant Singh & Ors. 41. As per prison records, the accused-Rahul Mishra is in custody for more than five years which includes remission. PW-3 Kesra Devi is sister of first informant and she has also deposed that accused appellant used to harass the deceased on account of dowry. 31. It further condemned dowry death as a social evil by its enactment. 27. Practically this is the presumption that has been incorporated in Section 304-B I.P.C. In 2016, reported dowry death cases in India amounted to more than 7.1 thousand. Likewise there is a presumption under Section 113-B of the Evidence Act as to the dowry death. Learned counsel for the appellant has not disputed the findings of facts and he has confined his arguments only regarding quantum of sentence. After completion of investigation, charge sheet was filed against accused appellant Ram Ajor and co-accused Kismati Devi. Amendments to the Indian Evidence Act (IEA) introduced a presumption of abetted suicide, which is a form of dowry death, and a separate presumption of dowry death. …………. Thus, through an Amendment, a new section i.e. The legislature’s effort to curb dowry deaths lead to the amendment of the Act in 1984 and again in 1986. Student Notes - IPC - Dowry Death - Important Cases DOWRY. In the instant case it is clear from post-mortem report of deceased that she died of strangulation. One week prior to the incident, Surya Bhan has visited her matrimonial home and Vimla Devi has told him about harassment on account of dowry. 7. Download Hindu Marriage Act - 1955 . It was submitted that sentence already under gone by the accused-appellant is more than sufficient and deterent for the crime of accused-appellant. A new section 304-B was included in the Indian Penal Code. Here’s Why. (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. In the present case, the husband accused of causing dowry death of his wife was acquitted by a trial court in Uttarakhand, for the offence did not satisfy conditions under Section 304B. Gokhale . A reading of Section 304-B IPC would show that when a question arises whether a person has committed the offence of dowry death of a woman what all that is necessary is it should be shown that soon before her unnatural death, which took place within seven years of the marriage, the deceased had been subjected, by such person, to cruelty or harassment for or in connection with demand for dowry. Section 304-B of the IPC makes it an offence and dowry prohibition act 1961 definition. Informant/PW-2 Daya Ram has deposed that the marriage of his daughter Vimla was solemnized with accused appellant Ram Ajor in month of June, 1998 and he has given dowry articles like bicycle etc.. After some time, his daughter has told him that accused-appellant was making demand of golden chain and colour TV and on that account he used to harass and beat her. Motilal vide inquest report exhibit Ka-8 and dead body of the deceased was sealed and it was sent for post-mortem. New Delhi: The Supreme Court has canceled the anticipatory bail granted to an eminent doctor and his family by the Allahabad High Court after the medical practitioner's doctor wife died an unnatural death allegedly due to ill-treatment and violence by her husband and in-laws for dowry… They used to demand a golden chain and colour TV as additional dowry. In the case in hand, as pointed out earlier, both PW 1 Surya Bhan and PW 2 Daya Ram have made consistent statements that since after some time of marriage, deceased was continuously being harassed on account of dowry demand of golden chain and colour TV. “Dowry death” can be seen as a result of a unique form of violence suffered by Indian women. Dowry death.- During course of the investigation site plan exhibit Ka-3 was prepared and statements of witnesses were recorded. PW-1 Surya Bhan, who is brother of deceased, has also made a similar statement and stated that the marriage of deceased was solemnized with accused-appellant on 20.06.1998. The offence of dowry death has been inserted in the IPC as Section 304-B by the Dowry Prohibition (Amendment) Act, 1986. 30. 2. dowry death regarded as death of a woman for dowry. Dowry prohibition Act, 1961 was enacted to prohibit in giving or taking of dowry and related offences. She has also told that accused-appellant Ram Ajor has developed illicit relations with one widow lady Kismati Devi. Download the Supreme Court judgement defining 498a and 304b (dowry death) Download the whole Indian Penal Code . Iqbal on 22.06.2004 vide post-mortem report exhibit Ka-2. PW 1 has stated that he often used to visit the matrimonial home of deceased to enquire her well being but she used to tell him that she was being harassed for dowry and that only one week prior to the incident, he has visited the matrimonial home of his sister and she has told she was being beaten for dowry and she has also shown injuries suffered by her. “40. Keeping the aforesaid legal position in mind, it may be seen that in the instant case, it is not disputed that deceased died of strangulation within seven years of her marriage. This section as well as section 113B of the Evidence Act enact a rule of presumption, i.e., if death occurs within seven years of marriage in suspicious circumstances. Suffice, however, to indicate that the expression ‘soon before’ would normally imply that the interval should not be much between the concerned cruelty or harassment and effect of cruelty based on dowry demand and the concerned death. This was a gradual decrease from the 2014, in which this number was approximately 8.5 thousand. Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows, Whoever commits dowry death shall be punished with imprisonment for a term minimum of seven years which may extend to imprisonment for life. 23. Though this appeal is being pressed on behalf of appellant on the quantum of sentence only, however, we have gone through the entire evidence. Dowry Death has been one of the most barbaric forms of cruelty inflicted on young brides in the matrimonial home. Applying the principles of law laid down in the aforementioned cases and having regard to the totality of facts and circumstances of the instant case including the fact that accused-appellant Ram Ajor in custody since last 16 years, we are of the considered opinion that the ends of justice would meet, if we reduce the sentence of the appellant from life imprisonment to that of already undergone by the accused-appellant. It began in 2003 when Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry. A case of dowry death is made out if the following conditions are satisfied: If a woman's death is caused by burns, bodily injury or occurs under unnatural circumstances and the death occurs within 7 years of marriage. There is a live link between the effect or cruelty meted out to the deceased based on dowry demand and the death of deceased. In view of the evidence, the presumption enshrined under section 113-B Evidence Act can safely be raised against accused-appellant appellant. 29. Copyright © 2020 Worldwide Media | The Times of India. In conclusion, we are satisfied that in the facts and circumstances of the case, the appellant was rightly convicted under section 304-B IPC. The victim had two sisters-in-law, who were earlier found innocent by the DSP but subsequently charged and pronounced guilty after trial. Hate of Haryana, AIR 2011 SC 691 has held that the court has to analyse the facts and circumstances as leading to death of the victim and decide if there is any proximate connection between the demand of dowry and act of cruelty or harassment and the death. It is also important to note in this context that there is no charge under Section 302 I.P.C. 34. Towards the end after having a glimpse of both the cases, in the first case the Supreme court confirmed the punishment given by trail court because the burning of the bride was not mere coincidence but was a planned murder and amounted to dowry death as the case contained all ingredients of 304 B of IPC. Mishra & Anr. v. State of Punjab, (2013) 4 SCC 177 at 184-185, Surinder Singh v. State of Haryana, (2014) 4 SCC 129 at 137, Raminder Singh v. State of Punjab, (2014) 12 SCC 582 at 583, Suresh Singh v. State of Haryana, (2013) 16 SCC 353 at 361, Sher Singh v. State of Haryana, 2015 1 SCALE 250 at 262.”. She would like to a happy married life. Also, section 113B of the Indian Evidence Act, 1872 states the presumption as to dowry death. All these are worn out by the cruel hands of dowry-related deaths. Forensic experts and dowry death Fo rensic experts come into picture only when dowry death cases are sent to them for post-mortem examination for obtaining necessary opinions. The membranes and brain of deceased were congested. 3. Expert Talk: Understanding Section 304B IPC On Dowry Cases by Femina | November 13, 2020, 22:55 IST More than 7,000 women were killed or moved to suicide in 2017 as a result of dowry harassment by their husbands or families-in-law, according to India’s National Crime Records Bureau. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fro… (Hem Chand v. State of Haryana reported in [(1994) 6 SCC 727]) In case of Kashmir Kaur Vs. State of Punjab, AIR 2013 SC 1039, Hon’ble Apex Court held that in a case of trial for dowry death the essential ingredients to attract the provisions of section 304-B I.P.C. (ii) In dowry death cases and in most of such offences direct evidence is hardly available and such cases are usually proved by circumstantial evidence. Dowry … was made out. As per first information report, prosecution version is that marriage of the accused-appellant Ram Ajor was solemnized with deceased Vimla Devi (daughter of informant Daya Ram) about six years prior to the incident and that informant Daya Ram has given dowry like clothes, utensils and and watch etc. The accused-appellant has not taken any such specific plea that PW 1 did not visit his house one week prior of incident. Death of legally Dowry Death relates to a bride’s suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. vs. State of Punjab, (2013) 4 SCC 177, while dealing with dowry death Section 304B and 498A IPC in which death was caused by poisoning within seven years of marriage conviction was affirmed. In case of Banshi Lal Vs. So once the court raises presumption under section 113-B Evidence Act, the court has no option but to presume that the accused had caused dowry death unless the accused disproves it. Deceased has also told that appellant Ram Ajor was having some affair with one Kismati Devi. In 2012, 8,233 dowry death cases were reported across India, while in 2013, 8,083 dowry deaths were reported. In 2012, 8,233 dowry death cases were reported across India, while in 2013, 8,083 dowry deaths were reported. It is related to dowry related cases. According to the statistics given in the NCRB Report, 20162, total number of reported cases related to Dowry Deaths in the year 2016 were 7,621 and total number of reported cases related to cruelty by the husband or his relatives to the wife in the year 2016 were 1,10,378. DW-2 Constable Devi Sharan Pandey has stated that on 21.06.2004 at 16:05 hours Ram Ajor has submitted a tehrir, which was registered in general diary vide entry exhibit Kha-1. The provisions Under Section 304B of Indian Penal Code are more stringent than provided under Section 498A of Indian Penal code. There are four such ingredients and they are said to be: (a) death of a woman must have been caused by any burns or bodily injury or her death must have occurred otherwise than under normal circumstances; (b) such death must have occurred within seven years of her marriage; (c) soon before her death, she must have been subjected to cruelty or harassment by her husband or any relative of her husband; and. This was a gradual decrease from the 2014, in which this number was approximately 8.5 thousand. It is also known as bride burning. and Indian Evidence Act (I.E.A.) (d) such cruelty or harassment must be in connection with the demand for dowry. 28. Dowry Death - Section 304B IPC. Earlier such cases were accorded under section 302 IPC I.e. According to the statistics given in the NCRB Report, 20162, total number of reported cases related to Dowry Deaths in the year 2016 were 7,621 and total number of reported cases related to cruelty by the husband or his relatives to the wife in the year 2016 were 1,10,378. As stated earlier, from evidence on record it is established that deceased Vimla was subjected to cruelty or harassment by her husband / appellant in connection with the demand for dowry and that such cruelty and harassment was soon before her death. PW 1 Surya Bhan has stated that his father has given a buffalo and cash of Rs 2000/ to accused-appellant for purchasing a TV but despite that he continued to harass the deceased. What is Section 498A of IPC? It lays down that the court shall presume that the person who has subjected the deceased wife to cruelty soon before her death shall be presumed to have caused the dowry death if it is shown that before her death, such woman had been subjected, by the accused, to cruelty or harassment in connection with any demand for dowry. Also Read: What Law Says On Domestic Violence, Meet Taruna Sethi, The Dynamic Lady Behind India’s Karuna Quilt Project, Meet The Top 5 Most Googled Women Of 2020Â, Ankita Raina Wins The Doubles Tennis At $100 TFK Women’s Event In Dubai, This Entrepreneur Widens Eco-Friendly Market Using 3 Basic Raw Materials, Global Influencer Diipa Büller -Khosla On Embracing Motherhood & Self-Love, Expert Talk: What Law Says On Domestic Violence, Expert Speak: Managing Your Energy As A Parent, Trolls And Patriarchy Are More Linked Than You Think. The presumption can be made out the Times of India their age and and... 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