LexKARAN SINGH versus STATE OF HARYANA
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[2025] 1 S.C.R. 1370 : 2025 INSC 133 Karan Singh v. State of Haryana (Criminal Appeal No. 1076 of 2014) 31 January 2025 [Abhay S. Oka* and Ujjal Bhuyan, JJ.] Issue for Consideration The Trial Court convicted the appellant for the offences punishable u/ss.304-B and 498-A of IPC; By the impugned judgment, the High Court has confirmed the conviction and sentence. Headnotes† Penal Code, 1860 – ss.304-B and 498-A – Dowry Prohibition Act, 1961 – s.2 – Evidence Act, 1872 – s.113-B – Appellant married to victim-deceased on 25.06.1996 – On 02.04.1998, the deceased committed suicide – The Trial Court convicted the appellant for the offences punishable u/ss.304-B and 498- A of IPC – By the impugned judgment, the High Court has confirmed the conviction and sentence – Correctness: Held: There were three main witnesses: PW-6 (the mother of the deceased), PW-7 (brother of the deceased) and PW-8 (maternal uncle of the deceased) – Both the Courts have believed the testimony of PW-6 and PW-7 – PW-6 was confronted by showing her prior statements at exhibit PD and DA recorded by the police – All the demands of dowry stated by her in her examination-in-chief are omissions as far as both the statements are concerned – These omissions are significant and relevant and, therefore, by virtue of explanation to s.162 of the CrPC, the same amounts to contradictions – The version of PW-6 in her statements recorded on 02.04.1998 and 06.04.1998 regarding providing dowry and regarding demands of dowry are omissions – There is something fundamental which goes to the root of the matter – While deposing about the demand of dowry, she has not deposed to any particular act of cruelty or harassment by the appellant – This is an essential ingredient of s.304-B – It is not * Author [2025] 1 S.C.R. 1371 Karan Singh v. State of Haryana made out from the evidence of PW-6 – In the cross-examination, PW-7 stated that police had recorded his statements, which were marked as exhibits DG and DH – PW-7 accepted that the allegation that the accused used to maltreat his sister on account of insufficient dowry given in the marriage and having brought broken furniture is not found in both the police statements – He also stated that the demand for a refrigerator, a motorcycle, and a mixi does not find place in both statements – Therefore, the version of PW-7 in his examination-in-chief about the demands of dowry is a significant and relevant omission – Hence, this amounts to a contradiction – The statement of PW-8 was recorded more than two and half months from the date of the incident – Moreover, he had no personal knowledge whether the appellant had subjected the deceased to cruelty or harassment – Therefore, the prosecution did not prove the material ingredients of the offence punishable u/s.304-B – Not a single incident of cruelty covered by s.498-A was proved by the prosecution – Therefore, both the offences alleged against the appellant were not proved by the prosecution beyond a reasonable doubt – Hence, the impugned judgments dated 09.11.2010 and 24.01.2002 are hereby quashed and set aside and the appellant is acquitted of the offences alleged against him. [Paras 2, 10, 13, 14, 16, 17, 18] Penal Code, 1860 – ss.304-B – Essential ingredients: Held: The following are the essential ingredients of Section 304-B: a) The death of a woman must have been caused by any burns or bodily injury, or must have occurred otherwise than under normal circumstances; b) The death must have been caused within seven years of her marriage; c) Soon before her death, she must have been subjected to cruelty or harassment by the husband or any relative of her husband; and d) Cruelty or harassment must be for, or in connection with, any demand for dowry. [Para 6] Case Law Cited Charan Singh alias Charanjit Singh v. State of Uttarakhand [2023] 3 SCR 511 : 2023 SCC OnLine SC 454 – referred to. List of Acts Penal Code, 1860; Evidence Act, 1872; Dowry Prohibition Act, 1961. 1372 [2025] 1 S.C.R. Supreme Court Reports List of Keywords Statements recorded by police; Examination-in-chief; Cross- examination; Contradictions; Cruelty; Harassment; Dowry Death; Contradictory statements; Material ingredients of section 304-B IPC. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1076 of 2014 From the Judgment and Order dated 09.11.2010 of the High Court of Punjab & Haryana at Chandigarh in CRLA No. 329 of 2002 Appearances f
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