LexBALDEV SINGH versus STATE OF PUNJAB
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[2008] 11 S.C.R. 828 I I A BALDEV SINGH ~....-' I v. STATE OF PUNJAB (Criminal Appeal No. 1214 of 2008) r B AUGUST 4, 2008 [DR. ARIJIT PASAYAT AND HARJIT SINGH BEDI, JJ.] '1 Penal Code, 1860 - s. 3048: Dowry death - Proximity test - Held: There must be ma- fl c terial to show that "soon before" death, the victim was subjected to cruelty or harassment- Prosecution has to rule out the pos- sibility of natural or accidental death so as to bring it within purview of 'death occurring otherwise than in normal circum- stances' - On facts, demand for wife's share in estate of her D late father did not amount to dowry demand, but other demands and documentary evidence clearly established demand for dowry - Conviction of husband as recorded by Courts below '<( ~, sustained - Custodial sentence of 7 years - Evidence Act, 1872 - ss.113-8 and 114. E Dowry Prohibition Act, 1961 - s.2: Demand of dowry - Held: The demand neither conceives nor would conceive of any agreement - If for convicting any of- fender, agreement for dowry is to be proved, hardly any offender F would come under the clutches of Jaw - "Dowry" definition is to be interpreted with the other provisions of the Act including S. 3. Words and Phrases- "soon before" - Meaning of- In context to s.3048, .. /PC and s. 1138 of the Evidence Act, 1872. The wife of the appellant died within two years of mar- G riage allegedly in unnatural circumstances. According to the prosecution, deceased was being harassed for not bringing adequate dowry and though some of the de- mands were satisfied by relatives of the deceased, the demands persisted and on account of such persistent de- 'YA H 828 BALDEV SINGH v. STATE OF PUNJAB 829 mands, the deceased felt harassed and consumed poi- A son and ultimately died as a result thereof. The evidence of PW4 (brother of the deceased) and PW5 was to the effect that the demand of dowry was made just before the deceased committed suicide. Trial Court, by placing reliance upon the evidence 'of PWs 4 and 5, held Appellant and his mother guilty. On appeal, High Court upheld the conviction of Appellant but directed acquittal of his mother. In appeal before this Court, Appellant contended that C that there has to be an agreement at the time of the mar- riage for dowry, and in absence of any such evidence it would not constitute to be a dowry. He contended that his wife was deprived of her legitimate share in the estate of her late father and because of this, she was in mental D depression, leading her to committing suicide and that if Appellant on behalf of his wife had asked for her legiti- mate share in such estate that does not amount to dowry demand. Additionally, it was submitted that custodial sen- tence of 10 years as imposed upon him was harsh. E Disposing of the appeal, the Court HELD:1.1.The offence alleged against the accused is under Section 304-B IPC which makes "demand of dowry" itself punishable. Demand neither conceives nor F would conceive of any agreement. If for convicting any offender, agreement for dowry is to be proved, hardly any offenders would come under the clutches of law. When Section 304-B refers to "demand of dowry", it refers to the demand of property or valuable security as referred G to in the definition of "dowry" under the Dowry Prohibi- tion Act, 1961. The argument that there is no demand of dowry, in the instant case, has no force. In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis H 830 SUPREME COURT REPORTS [2008] 11 S.C.R. A of such evidence. That could be either direct or indirect. Significantly, Section 4 of the Act was also amended, un- der which it is an offence to demand dowry dir.ectly or indirectly from the parents or other relatives or guardian of a bride. The word "agreement" referred to in s.2 of the B said Act has to be inferred on the facts and circumstances of each case. The interpretation that the accused seek, that conviction can only be if there is agreement for dowry, is misconceived. This would be. contrary to the mandate and object of the Act. "Dowry" definition is to be inter- C preted with the other provisions of the Act including Sec- tion 3,· which refers to giving or taking dowry, and Sec- tion 4 which deals with a penalty for demanding dowry, under the Act and the IPC. This makes it clear that,even demand of dowry on other ingred
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