LexKALIYAPERUMAL AND ANR. versus STATE OF TAMIL NADU
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~ KALIY APERUMAL AND ANR. A v. STATE OF TAMIL NADU AUGUST 27, 2003 [DORAISWAMY RAJU AND ARIJIT PASAYAT, JJ.] B Penal Code. 1860: Sections 304B and 498A-Dowry Death-Conviction of accused by courts below-On appeal, held: On the facts of the case one accused c rightly convicted-Regarding another accused material to attract culpability under Section 304B inadequate, but conviction under Section 498A upheld -Dowry Prohibition Act, 1961-Section 2. Sections 304B and 498A-Dowry Death-Conviction under Section 498A on failure of charge under Section 304B-Propriety of-Held: D Accused charged and acquitted under Section 304B can be convicted under Section 498A, if such a case is made out-The Sections are not mutually inclusive. ) Evidence Act. I 872-Section 113B-Presumption of Dowry Death- When can be raised-Held: It is presumption of law-It can be raised when E case is tried under Section 304B /PC, where woman is subjected to cruelty by her husband or his relatives in connection with demand of dowry soon before her death. Words and Phrases: F "Soon before her death "-Meaning of in the context of Section 304B, Penal Code, 1860 and Section 1l3B of Evidence Act, 1872. • Appellants alongwith their son were charged under Sections 3048 G and 498A, IPC for having caused death of their daughter-in law. It was alleged that at the time of marriage dowry demands were made and since the parents of the deceased failed to meet the demands even after the marriage, the deceased was insulted, humiliated and tortured. Husband of the deceased was working abroad. When the deceased left her matrimonial home, appellant No. I took her back and beat her with H I , 2 SUPREME COURT REPORTS [2003] SUPP. 3 S.C.R. A chappal in public street. After some days parents of the deceased received information that she had committed suicide. Report was lodged. After inquil y It was found that death was due to dowry torture. Charge-sheet was filed. Trial Court convicted the appellants under Sections 3048 and 498A IPC and acquitted the husband of the B deceased. On appea~ High Court confirmed the conviction holding that deceased had committed suicide because of the cruelty and tortures perpetuated by the appellants. However, sentence under Section 3048 was reduced. In appeal to this Court, appellants contended that Section 3048 C IPC and Section 1138 of Evidence Act were not applicable because there was no evidence to show that soon before the deceased committed suicide, there was any cruelty or torture in action with demand of dowry: there was no reason for convicting the appellants when on the same evidence husband of the deceased was acquitted. D Partly allowing the appeal, the Court HELP: 1.1. Appellant No. I has been rightly convicted for offence punishable under Section 3048 and Section 498A IPC. As the High Court has awarded the minimum punishment prescribed, no E interference with the sentences is called for. So far as appellant No.2 is concerned, there is inadequacy of material to attract culpability under Section 3048. But Section 498A IPC is clearly attracted to her case. (12-B-C) F 1.2. As per the definition of 'dowry death' in Section 3048 IPC and the wording in the 11resumptive Section 1138 of the Evidence Act, 1872, one of the essential ingredients, amongst others, in both the provisions is that the concerned woman must have been "soon before her death" subjected to cruelty or harassment "for or in connection G with the demand of dowry". Presumption under Section 1138 is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the Court to raise a presumption that tb.e accused caused the dowry death. (8-B-C) 1.3. A conjoint reading of Section 1138 of the Evidence Act and H Section 3048 IPC shows that there must be material to show that soon ' - .... • ) KALIY APERUMAL v. STATE 3 before her death the victim was subjected to cruelty or harassment. A Prosecution has to rule out the possibility of a natural or accidental death so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. The expression 'soon before' is very relevant where Section 1138 of the Evidence Act and Section 3048 are pressed into service. Prosecution is obliged to show that soon B before the occurrence there was cruelty or harassment and only in that case presumption operates. Evidence in that regard has to be led by
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