LexARVIND KUMAR AND ANR. versus STATE OF MADHYA PRADESH
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A ARVIND KUMAR AND ANR. v. ST A TE OF MADHYA PRADESH JULY 24, 2007 B [R.V. RA VEENDRAN AND LOKESHWAR SINGH PANT A, JJ.] Penal Code, 1860: s. 306-Abetment to suicide-Bride, owing to harassment and torture C for not bringing dowry, committing suicide. by setti11g herself ablaze- Conviction of husband and mother-in-law uls 306 /PC ands. 4 of Dowry Prohibition Act-Held, as regards mother-in-law, there is no direct or circumstantial evidence to prove charges against her-Her conviction and sentence set aside-However, there is reliable, cogent and trustworthy D evidence against the husband to establish his guilt beyond reasonable doubt-Findings recorded by trial court and affirmed by High Court do not suffer from any illegality, manifest error or perversity, and call for no interference-Conviction and sentence of seven years RI maintained-Dowry Prohibition Act, 1961-s. 4-Evidence Act, 1872-s. IJ3A. E Evidence Act, 1872: s. 113-A-Applicability of-Plea that bride committed suicide prior to insertion of the section in the Act-Held: The section does not create any new offence or make it punishable-Presumption contemplated uls 113-A is clearly attracted in the facts of the case and accused has not led any evidence to F rebut the said presumption-Penal Code, 1860-s. 306-DoWIJ' Prohibition Act, 1961-s. 4. The appellants-A-land A-2, were prosecuted for offences punishable u/s. 306 ands. 4 of the Dowry Prohibition Act, 1961. The prosecution case G was that A-1 married the daughter of PW-9. At the time of 'vidai' A-1 raised demand of dowry articles, and thereafter constantly harassed and tortured the bride for not bringing sufficient dowry, so much so that within 2 and a quarter months of the marriage, the br.ide poured kerosene on her person and set herself afire, and died of 100% burn injuries. The trial court convicted H A-1 and his mother A-2 of the offences charged and imposed on each of them 474 ( J ' ' AR VIND KUMAR v. STATE OF MADHYA PRADESH 475 7 years RI u/s 306 IPC and 6 months RI u/s 4 of the Dowry Prohibition Act. A . - The High Court affirmed the conviction and the sentence. Aggrieved, the accused filed the instant appeal. During the pendency of the appeal, A-2 died. It was contended for the appellants that there was no presumption available u/s 113 of the Evidence Act that the bride committed suicide owing to harassment and torture by the accused. He submitted that the incident B occurred on 2.7.1982 ands. 113-A would not have retrospective operation. On merits, it was contended that the prosecution failed to prove the charges against the accused by leading satisfactory, believable and convincing evidence. Allowing the appeal qua A-2 and dismissing it as regards A-1, the Court HELD: I. There is no direct or circumstantial evidence led by the prosecution to prove the charges against A-2. The evindence brought on record against her is not cogent and consistent to establish that she abetted the offence of suicide committed by the bride or that she tortured or harassed c her for not bringing adequate dowry articles at the time of marriage or thereafter before the bride committed suicide. Therefore, the conviction D recorded and the sentence imposed upon deceased A-2 by the trial court and confirmed by the High Court cannot be sustained and, accordingly, the judgment of the High Court to that extent stands set aside. (Para 8) (478-G; 479-A) 2.1. So far as the conviction of A-1 is concerned, there is reliable, cogent E and trustworthy evidence led by the prosecution to establish his guilt beyond reasonable doubt. The testimonies of P. Ws. 5 and 9, the brother and the father, respectively, of the deceased and PW-10, their landlord, who is an independent witness, are consistent, reliable and trustworthy to prove that it was A-1 who constantly harassed, humiliated and tortured his wife for bringing insufficient F dowry. The bride was forced to commit suicide becasue of the cruel behaviour of the accused. The extent of burn injuries found on the body of the deceased would go to show that no effort whatsoever was made by the accused to save his wife from committing suicide though he was present in the house ~hen the incident took place. He has not even bothered to call the doctor. [Paras 9 and 10) [479-C; 480-8, DJ G 2.2. On scrutiny of the entire evidence on record, it is found that the counduct of the accused-husband was apathetic which is an additional
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