LexKANCHANBEN PURSHOTTAMBHAI BHANDERI versus STATE OF GUJARAT
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A B [2014] 11 S.C.R. 220 KANCHANBEN PURSHOTTAMBHAI BHANDERI v . . STATE OF GUJARAT (Criminal Appeal No. 1152 of 2009) DECEMBER 05. 2014. [M.Y. EQBAL AND SHIVA KIRT! SINGH, JJ.] Penal Code 1860 - ss. 3048 and 498A - Dowry death - Prosecution of husband, mother-in-law and father-in-law of the C deceased - Acquittal of husband and father-in-law by courts below and conviction of mother-in-law - Held: Allegations of cruelty and demand of dowry by the mother-in-law, specifically proved by the material witnesses - In the facts of the case, she is not entitled to pa(ity with other accused. D Dismissing the appeal, the Court HELD: 1. In view of evidence of material witnesses, the High Court has committed no error in appreciating the evidence for coming to the conclusion that allegations of E torture as well as demand of articles by way of dowry against the appellant was clear, specific and stood proved. [Para 13] [227-D-F] Satish Chandra and Anr. vs. State of Madhya Pradesh F 2014 (6) SCC 723 - relied ~>n. Durga Prasad vs. State of M.P. 2010 (9) SCC 74 - referred to. • 2. FIR should contain the essential features of the G prosecution case but it cannot be expected to be an _ encyclopedia of whole prosecution case. It may be quite natural for a friend of the deceased such as PW 18 not · to remember the exact figure which was disclosed by the_ H 220 • KANCHANBEN PURSHOTTAMBHAI BHANDERI v. 221 STATE OF GUJARAT deceased sometime back, as the amount demanded by A the appellant mother-in-law. [Para 12] [227-A-C] 3. On a careful perusal of the entire materials, it is found that the appellant cannot claim parity with the case of accused Nos. 1 or 3 who were acquitted by the High 8 Court and by the Trial Court respectively. [Para 15] [228-E] Hardial Singh vs. State of Punjab, 1992 Suppl. (2) SCC 455 - referred to. 4. However, ends of justice would be satisfactorily met by reducing the sentence of eight years RI for offences under Section 3048 and 498A IPC to seven years RI. Other sentences shall remain the same. [Para c 16] [228-G] D Satbir Singh vs. State of Punjab 2001 (3) Suppl. SCR 353 = 2001 (8) SCC 633 - referred to. Case Law Reference: 2001 (3) Suppl. SCR 353 referred to 2010 (9) sec 74 referred to 1992 Suppl. (2) SCC 455 referred to 2014 (6) sec 123 relied on para 9 para 9 para 9 para 12 CRIMINAL APP ELLA TE JURISDICTION : Criminal Appeal No. 1152 of 2009. E F From the Judgment & Order dated 21.01.2009 of the High '.Court of Gujarat at Ahmedabad in Criminal Appeal No. 120 of G 2000. Meenakshi Arora, Rahul Narayan, Mohit Singh, Mahima, Vasav Anantharaman for the Appellant. H 222 SUPREME COURT REPORTS (2014] 11 S.C.R. A Jesal, Swati Vaibhav, Hemantika Wahi for the Respondent. The Judgment of the Court was delivered by SHIVA KIRTI SINGH, J. 1. The sole appellant, 8 Kanchanben is the mother-in-law of the deceased and is facing conviction under Section 3048 and 498A of the Indian Penal Code (hereinafter referred to as IPC) with sentence of RI for eight years and penalty of Rs.1,000/- with default stipulation .. She has also been convicted under Section 3 of the Dowry C Prohibition Act with simple imr;irisonment for five years and penalty of Rs.3,000/- with default clause. For conviction under Section 4 of the Dowry Prohibition Act, she has been inflicted with simple imprisonment of six months and penalty of Rs. 500/ -. The sentences have to run concurrently. D 2. For the offence in questionJn which the daughter-in-law of the appellant namely Hina died a suicidal death after consuming poison within seven months of her marriage with the son of the appellant, the Police chargesheeted three persons, E accused No.1 Nilesh Kumar, who is the husband of the deceased, the appellant as accused No.2 and appellant's husband Purshattambhai as accused No.3. As per prosecution case, the marriage between the deceased and Nilesh was solemnized on 4.12.1997. She went from her parental house F at Surat to her matrimonial home at Vidyanagar which falls on the way from Surat to Ahmedabad and is just one hour drive from Ahmedabad. According to the prosecution case, during the short span of matrimonial life the deceased faced demands for dowry as well as mental and physical harassment from the G accused persons. She confided her sad plight with ·her mother; the inform.ant Chandrikaben (PW 8), as well as her cousin sister Aartiben (PW 10)
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