LexMUSTAFA SHAHADAL SHAIKH versus THE STATE OF MAHARASHTRA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B (2012] 7 S.C.R. 560 MUSTAFA SHAHADAL SHAIKH v. THE STATE OF MAHARASHTRA (Criminal Appeal No. 1406 of 2008) SEPTEMBER 14, 2012 [P. SATHASIVAM AND RANJAN GOGOi, JJ.] Penal Code, 1860: c ss.3048 and 498A rlw s.34 - Dowry death - Cruelty by husband -Appellant's wife committed suicide at her matrimonial home - Death occurred within seven months of marriage - On the date of death, appellant and his parents alone were in the house - Conviction of appellant ulss.3048 0 and 498A rlw s. 34 - Challenge to - Held: The evidence of PWs 4, 6, 7 and 9 (grand-father, father, mother and brother of the deceased) clearly proved torture, harassment, and demand of dowry, at the hands of the accused including the appellant - Even 5 days prior to her death, deceased had told PW6 about the harassment and torture meted out to her which E clearly satisfies the expression ''soon before her death" used in s.3048 /PC and s.1138 of the Evidence Act - From the materials on record, it is clear that the prosecution established the offence u/s.3048 /PC - The prosecution evidence also clearly proved the ingredients of cruelty (i.e. 498A) - F Conviction of appellant accordingly sustained - Evidence Act, 1872 - s. 1138 - Dowry Prohibition Act, 1961 - s. 2. s. 3048 - Dowry death - Presumption - Burden of proof that the harassment or cruelty was related to demand for G dowry and was caused "soon before her death" - Expression "soon before her death" - Meaning of - Held: To attract the provisions of s.3048, one of the main ingredients of the offence which is required to be established is that ''soon before her death" the victim was subjected to cruelty or harassment H 560 MUSTAFA SHAHADAL SHAIKH v. STATE OF 561 MAHARASHTRA "for, or in connection with the demand for dowry" - The A expression "soon before her death" used in s.3048 /PC and s. 1138 of the Evidence Act is present with the idea of proximity test - 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 B of each case - However, the said expression would normally imply that the interval should not be much between the concerned cruelty or harassment and the death in question - If the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium c of the woman concerned, it would be of no consequence - Evidence Act, 1872 - s. 1138. s.3048 - Conviction under- Prayer of convict for leniency in sentence considering his young age and that he was the only earning member in his family - Held: On facts, not D acceptable - These aspects were duly considered by the trial court while awarding punishment - Further s. 3048 itself mandates that in the case of conviction in terms of sub-section (1) the imprisonment shall not be less than 7 years but which may extend to imprisonment for life - In view of the fact that E the prosecution had established its case beyond reasonable doubt by placing acceptable evidence and of the fact that minimum sentence of seven years was prescribed by the courts below, it is not possible to award sentence less than 7 years - Moreso, when these aspects were also considered by F the High Court - Sentence I Sentencing. Crime against Women - Death of married woman - Conviction of accused-husband - Challenge to - Plea of accused that the witnesses relied upon by the prosecution G were close relatives of the deceased and no outsider was examined to prove the prosecution case - Held: Not tenable - In a case of this nature i.e. matrimonial death, one cannot expect outsiders to come and depose what had happened in the family of the deceased. H 562 SUPREME COURT REPORTS [2012) 7 S.C.R. A The wife of appellant/A1 committed suicide by consuming poison while she was at her matrimonial home. The appellant and his parents informed about her death to her family members. On the same day, PW-4, the grand-father of the deceased lodged an F.l.R. alleging s torture and harassment faced by the deceased on account of demand for dowry. On the basis of the said report, a case was registered against the appellant and his family members under Sections 306, 304-8 and 498- A read with Section 34 of IPC. In support of the charges, c the prosecution heavily relied on the complaint (Exh. 20), the evidence of PWs 4, 6, 7 and 9 and other relevant circumstance, viz., t
Excerpt shown. Read the full judgment & AI analysis in Lexace.