LexAK DEVAIAH versus STATE OF KARNATAKA
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[2014] 10 S.C.R. 1021 AK DEVAIAH v. STATE OF KARNATAKA (Criminal Appeal No. 46 of 2007) OCTOBER 14, 2014 [M.Y. EQBAL AND PINAKI CHANDRA GHOSE, JJ.] Penal Code, 1860: A B ss.498-A and 304-B /PC and ss. 3, 4 and 6 of Dowry c Prohibition Act - Suicide by bride in matrimonial home within one year of marriage - Acquittal by trial court - Conviction by High Court - Evidence on record establishing dowry demand and harassment of bride - High Court has correctly recorded the finding based on evidence and found appellant 0 guilty - Evidence Act, 1872 - ss. 113A and 1138 - Dowry Prohibition Act, 1961 - ss.3,4 and 6. Dismissing the appeal, the Court HELD: 1.1. Section 3048, IPC applies where the E death of a woman is caused by any burns, bodily injury or occurs otherwise than under normal circumstances, within seven years of her marriage and the cause of death is because the women was subjected to cruelty or harassment by her husband or her husband's family or F relatives and such harassment should be in relation to a demand of dowry. The Section provides the presumption under which husband or relatives had committed the offence of dowry death and renders them liable for punishment unless the presumption is rebutted. [para 15] G [1031-E-G] Bansi Lal vs. State of Haryana 2011 (1) SCR 724 = (2011) 11 SCC 359; Thanu Ram vs. State of M.P. 2010 (12) 1021 H 1022 SUPREME COURT REPORTS [2014] 10 S.C.R. A SCR 710 = (2010) 10 SCC 353, Rajesh Bhatnagar vs. State of Uttarakhand 2012 (5) SCR 895 = (2012) 7 SCC 91 - referred to. 1.2. In the instant case, the sister, brother and sister's B husband of the deceased along with other witnesses had been examined as PWs 1, 2 and 3, who have consistently deposed about the demand and acceptance of dowry and also about the deceased being subjected to mental and physical cruelty by the appellant. The High Court has correctly recorded the finding based on evidence and C found the appellant guilty of commission of offence. The judgment of acquittal passed by the trial court is wholly perverse and based on conjectures and surmises. [para 19-20] (1034-E-H] D E Case Law Reference: 2011 (1) SCR 724 2010 (12) SCR 710 2012 (5) SCR 895 referred to referred to referred to para 16 para 17 para 18 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 46 of 2007. From the Judgment and Order dated 25.08.2005 of the F High Court of Karnataka at Bangalore in Criminal Appeal No. G 828 of 1999(A). Rajesh Mahale and Krutin R. Joshi for the appellant. V.N. Raghupathy, Sanjay R. Hegde for the respondent. The Judgment of the Court was delivered by M.Y. EQBAL, J. 1. The instant Criminal Appeal is directed against the judgment and order dated 25-8-2005 passed by the High Court of Karnataka at Bangalore in Criminal Appeal H No. 828 of 1999 whereby setting aside the judgment of acquittal A K DEVAIAH v. STATE OF KARNATAKA 1023 [M.Y. EQBAL, J.] passed by the trial court allowed the appeal filed by State and A the accused-appellant herein has been convicted for the offences punishable under Sections 3, 4, and 6 of the Dowry Prohibition Act and Sections 498-A and 304-B of the Indian Penal Code (in short, 'IPC'). The XXV Additional City Civil and Sessions Judge, Bangalore had acquitted the accused of the B offences punishable under aforesaid sections. 2. The prosecution case in a nutshell is that one Smt. Leelavati was married to the appellant on 16.4.1989 and was living in the house of the appellant at Konanakunte in Bangalore. Besides attending the household chores, she was gainfully C employed in a private company. Even according to the Appellant, there used to be wordy altercations between him and · the deceased since about the three months before her death (at the age of 28 years). These altercations between him and the deceased, according to the appellant, were regarding there D being no indication of her becoming pregnant after the marriage. Further case of the prosecution is that before marriage of the deceased with the appellant, negotiations were held, wherein the appellant had demanded dowry in the form of cash amounting to Rs 15,000/- as well as gold and silver E ornaments. Pursuant to such demand made by the appellant, it is stated that a part of the dowry amount was given to the appellant before marriage and a further amount was given to him at the tifne of the marriage. All the ornaments demanded by the appel
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