LexGURDIP SINGH versus STATE OF PUNJAB
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[2013] 8 S.C.R. 277 GURDIP SINGH v. STATE OF PUNJAB (Criminal Appeal No. 1308 of 2013) SEPTEMBER 3, 2013 [SUDHANSU JYOTI MUKHOPADHAYA AND KURIAN JOSEPH, JJ.] A B Penal Code, 1860 - ss.3048 & 489A - Death of married woman - Allegations of cruelty and harassment - Two C accused- husband and father-in-law - Conviction of appellant (father-in-law) u/ss. 3048 & 498A - By courts below - Challenge to - Held: Evidence that deceased had been harassed by both the accused before two weeks of her death - Clear proof in evidence of PWs 1 & 2 that appellant was taunting the D deceased demanding dowry - Deceased was even sent out from her matrimonial home on this account - Yet, for conviction u/s.3048, it is obligatory on the part of the prosecution to establish that the death occurred within seven years of marriage - Sans the requirement of seven years, the offence E would fall only uls.498A - On facts, trial Court went only on assumptions with regard to the date of marriage - S.3048 /PC permits presumption of law only in a given set of facts and not presumption of fact - Fact is to be proved and then only, law will presume - In the instant case, prosecution failed to F establish the crucial fact on the death occurring within seven years of marriage - Conviction u/s.3048 /PC set aside, but conviction uls.498A /PC confirmed - Evidence Act, 1872 - s.1138. Penal Code, 1860 - s.489A - Cruelty by husband or G relative of a married woman -Conviction uls.498A - Held: No requirement u/s.498A that the cruelty should be within seven years of ma"iage - No invariable necessity u/s. 498A that the cruelty should be in connection with the demand for dowry. 277 H 278 SUPREME COURT REPORTS [2013] 8 S.C.R. A Penal Code, 1860 - ss.3048 & 489A - Introduction of - Purpose - Held: S. 498A was introduced to "suitably deaf effectively not only with cases of dowry deaths but also cases of cruelty to married women by their in-laws" - s.3048 was introduced to make the penal provisions "more stringent and B effective". Penal Code, 1860 - s.3048 - Words "shal! be deemed" - Meaning - Held: Though the expression "presumed" is not used u/s.3048 of /PC, the words "shal! be deemed" uls.3048 C carry, literal/y and under law, the same meaning since the intent and context requires such attribution. Evidence Act, 1872 - ss. 113A and 1138 - Introduction of - Vide amendments -Effect - Held: The amendments are only consequential to the amendments under the Dowry D Prohibition Act and /PC - Under s.113A, the expression is "court may presume" whereas u/s.1138, the expression is "court shall presume" - The Parliament intended the provisions to be more stringent and effective in view of the growing social evil as can be seen from the Statement of E Objects and Reasons in the amending Acts - Dowry Prohibition Act, 1961 -Penal Code, 1860. In a case relating to the death of a married woman, the appellant-father-in-law was the second accused. First accused was husband of the deceased, who is no more F alive. The Sessions Court had convicted both the accused under Section 498A of IPC for rigorous imprisonment for a period of two years, and under Section 3048 of IPC for G rigorous imprisonment for a period of ten years. The sentences were ordered to run concurrently. The High Court, in appeal, had maintained the conviction but reduced the sentence under Section 3048 of IPC to seven years rigorous imprisonment and confirmed the H rest. GURDIP SINGH v. STATE OF PUNJAB 279 The appellant challenged his conviction under A Sections 498A/3048 before this Court. Partly allowing the appeal, the Court B HELD: 1.1."Dowry death" in the Indian Penal Code was introduced under Section 3048 as per Act 43of1986. Under the said provision, if a married woman dies, (i) .Qll account of burns or bodily injury or dies otherwise than under normal circumstances, (ii) such death occurs within seven years of marriage, (iii) it is shown that she was subjected to cruelty or harassment by her husband C or any relative, (iv) such cruelty or harassment be soon before her death and (v) such cruelty or harassment by the husband or his relative be or for or in connection with demand for dowry. such death is called dowry death under Section 3048 of IPC and the husband or relative D shall be presumed to have caused the dowry death. Section 498A of IPC deals with the offence of cruelty by the husband or relative. If a m
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