LexMAYA DEVI & ANR. versus STATE OF HARYANA
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[2015) 11 S.C.R. 903 MAYA DEVI &ANR. v. STATE OF HARYANA (Criminal Appeal No.1263 of 2011) DECEMBER 07, 2015 [VIKRAMAJIT SEN AND R.K. AGRAWAL, JJ.] Penal Code, 1860: A B ss. 3048 and 498A - Dowry death - Prosecution of C accused-husband, accused-mother-in-law and their other relatives - Trial court convicted appellants-accused (husband and mother-in-law) while acquitting the other accused -Appeal by the convicted accused and revision by 0 · the complainant - High Court upheld the conviction of appellants-accused altering their sentence of life imprisonment to 10 years RI - Acquittal of other accused was upheld- On appeal, held: It is clear from the record that the appellants-accused m~Jtreated, harassed and subjected E the deceased to cruelty soon before her death, for and in connection with demand for dowry, who died within her matrimonial home within seven years of her marriage otherwise than in normal circumstances - Thus the provisions u/ss. 3048 and 498A were fully attracted- Conviction justified · F - Evidence Act, 1872 - s. 1138. s. 3048 - Offence under- Constituents of- Discussed. Evidence Act, 1872 ~ ·s. 1138 - Presumption under - G Nature of- Held: It is mandatory. Words and Phrases- 'Dowry Death'- Meaning of, in fhf! context of s.3048 /PC. 903 ( H 904 SUPREME COURT REPORTS [2015] 11 S.C.R. A Dismissing the appeal, the Court HELD: 1. In order to convict an accused for the offence punishable under Section 3048 IPC the following essential·s must be satisfied: (1) the death of a B woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (i1) such death must have occurred within seven years of her marriage; (iit) soon before her death, the woman must have been subjected to cruelty or harassment by her C husband or any relatives of her husband; and (iv) such cruelty or harassment must be for, or in connection with, demand for dowry. When the above ingredients are established by reliable and acceptable evidence, such death shall be called dowry death and such husband or D his relatives shall be deemed to have caused her death. [Para 14] [924-8-E] 2. If the ingredients are attracted in view of the special provision, the court s~all presume and it shall E record such fact as proved unless and until it is disproved by the accused. However, it is open to the accused to adduce such evidence for disproving such conclusive presumption as the burden is unmistakably on him to do so and he can discharge such burden by F · getting an answer through cross-examination ·of the prosecution witnesses or by adducing evidence on the defence side. [Para 14] [924-F-G] Bansi Lal vs. State of Haryana 2011 (1) SCR 724 G : (2011) 11 SCC 359; Mustafa Shahadal Shaikh vs State of Maharashtra 2012 (7) SCR 560 : (2012) 11 sec 397- relied on. 3. The expression "soon before her death" used H in Section 3048 IPC and Section 1138 of the Evidence MAYA DEVI &ANR. v. STATE OF HARYANA 905 . Act is present with the idea of proximity test. However, A the expression "soon before her death" has not been defined in both the enactments. Accordingly, the determination of the period which can come within the term "soon before her death" is to be determined by the courts, depending upon the facts and circumstances of B each case. However, the said expression would normally imply that the interval should not be much between the cruelty or harassment concerned and the death in question. There must be existence of a proximate and live link between the effect of cruelty based on dowry C demand and the death concerned. If the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence. [Para 16] 0 [926-A; C-F] 4. In view of the Explanation to section 3048 IPC the word "dowry" has to be understood as defined in Section 2 of the Dowry Prohibition Act, 1961. Section 3048 IPC does not categorise death as homicidal or E suicidal or accidental. Any death occurring "otherwise . than under normal circumstances" can, in a given case, be homicidal or suicidal or accidental. Therefore, if all the other ingredients of Section 3048 IPC are fulfilled, F any death (homicidal or suicidal or accidental) whether caused. by burns or by bodily injury or occurring otherwise than under normal circumstances shall, as per the legislative man
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