LexBISWAJIT HALDER @ BABU HALDER AND ORS. versus STATE OF WEST BENGAL
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
--r--
~
A
BISW AJIT HALDER@ BABU HALDER AND ORS.
..
1,-
v.
STA TE OF WEST BENGAL
MARCH 19, 2007
B
[DR. ARIJIT PASA YAT AND S.H. KAPADIA, JJ.]
~
Penal Code, I 860:
,._
c
s. 304B-Applicability of-Held, applicable when cruelty or harassment
is in connection with dowry demand-Evidence Act, 1872-s. I 13B-Dowry
death.
Prosecutions case is that deceased was subjected to harassment by her
;,
husband and in-laws on account of non-fulfillment of dowry demand. She
D committed suicide. Trial Court convict~d husband and in-laws under ss.304B
and 498A IPC and ss.3 and 4 of Dowry Prohibition Act, 1961 and passed
various sentences. They filed appeal before High Court wherein it was held
/
that the appellants were to suffer the minimum sentence as prescribed under
s.304B IPC, but there was no necessity for separately sentencing them under
'
either s.498A IPC or ss. 3 and 4 of the Dowry prohibition Act.
t
E
In appeal to this Court, appellants contended that there was no finding
that there was demand for dowry and/or that deceased was subjected to cruelty
or harassment, or that harassment was for or in connection with the demand
of dowry.
F
Respondent contended that s.304B IPC has to be read in the context of
s.113B of the· Evidence Act, 1872 and the Court could presume the death of
the deceased to be dowry death and that the appellants being members of the
matrimonial home at the relevant time were responsible for the dowry death
of the deceased.
G
Allowing the appeal, the Court
}
HELD: I. Reading together s. 3048 IPC and s.113B of Evidence Act,
1872, a comprehensive picture emerges that if a married women dies in an
~
unnatural circumstance at her matrimonial home within 7 years from her
H
120
•
-1-
B!SWAJIT HALDER@BABU HALDER v. STATEOFWEST BENGAL [PASAYAT,J.] 121
'·
marriage and th~re are allegations of cruelty or harassment upon such A
...,
married woman for or in connection with demand of dowry by the husband or
relatives of the husband, the case would squarely come under' dowry death"
and there shall be a presumption against the husband and the relatives.
!Para 1411124-CI
Smt. Shanti and Anr. v. State of Haryana, AIR (1991) SC 1226, referred B
to.
2. There is no evidence to show that there was any cruelty or harassment
for or in connection with the demand of dowry. There is also no finding in
that regard. This deficiency in evidence proves fatal for the prosecution case. c
Even otherwise mere evidence of cruelty and harassment is not sufficient to
bring in application of s. 3048 IPC. It has to be shown in addition that such
cruelty or harassment was for or in connection with the demand fo:r dowry.
Since the prosecution failed to prove that aspect, the conviction as recorded
cannot be maintained. f Para 1511124-C, D, El
D
Kanchy Ramchander v. State of A.P., [19961 SCC (Crl.) 31, relied on
)
CRIMINAL APPEL LA TE JURISDICTION : Criminal Appeal No. 3 71 of
2007.
From the Judgment and Order dated 02.02.2006 of the High Court at
Calcutta in C.R.A. No. 195 of 1996.
E
Pradip Ghosh, Sanjay Sen, Rana S. Biswas, Manish P.S. Chouhar, Vishal
Anand, Ruchi Rathi and Sarla Chandra for the Appellants.
Radha Rangaswamy for the Respondent.
F
....
)
The Judgment of the Court was delivered by
DR. ARIJIT PASA Y AT, J. I. Leave granted.
2. Appellants call in question legality of the judgment rendered by a G
Division Bench of the Calcutta High Court dismissing the appeal filed by the
appellants, but modifying the sentence. Appellants faced trial for commission
of offences punishable under Section 3048 read with Section 34 of the Indian
-{
Penal Code, 1860 (in short the 'IPC') and Sections 3 and 4 of the Dowry
Prohibition Act, 1961 (in short the 'DP Act').
H
A
122
SUPREME COURT REPORTS
(2007] 4 S.C.R.
3. The prosecution version in brief is as follows:
4. Rupali, sister of informant Di lip Patra (PW-I) was married to appellant
8iswajit Halder-appellant no. I on 6th March, 1992. Appellants Dula[ Chandra
Halder and Maya Halder are the parents of 8iswajit. At the time of marriage
dowry i.e. of Rs.43,000/-, gold ornaments and the household articles were
B given to the appellants, but they were not satisfied with the dowry items.
Since marriage Rupali was put under pressure to bring one colour television,
English Khat and VJP bag for her father-in-law and other relatives. Rupali time
1-
and again had reported about the persistent demand of the appellants to hExcerpt shown. Read the full judgment & AI analysis in Lexace.