PARVATI DEVI versus THE STATE OF BIHAR NOW STATE OF JHARKHAND & ORS.

Citation: [2021] 9 S.C.R. 711 · Decided: 17-12-2021 · Supreme Court of India · Bench: N.V. RAMANA · Disposal: Disposed off

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Judgment (excerpt)

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   [2021] 9 S.C.R. 711
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PARVATI DEVI
v.
THE STATE OF BIHAR NOW STATE OF JHARKHAND & ORS.
(Criminal Appeal Nos. 574 of 2012)
DECEMBER 17, 2021
[N. V. RAMANA, CJI, SURYA KANT
AND HIMA KOHLI, JJ.]
Penal Code, 1860: ss. 304B and 201 r/w s. 34 – Dowry death
– Prosecution case was that the victim-deceased daughter of
informant (PW-3) was married to A-1 – Within few months of
marriage, A-1, his father (A-2) and his mother (A-3) started
harassing her for cash and motor cycle – They threatened the victim
that if the demand was not fulfilled then they would throw her out
of matrimonial home and get A-1 married to someone else – Similar
message was conveyed to PW-3 by his son-in-law (PW-2) with whom
A-1 had raised the issue of insufficient dowry – It was within 15
days of this incident that PW-3 received information from PW-2
about his daughter having gone missing from matrimonial home –
A missing complaint was lodged with local police after making futile
search – Five days after the complaint, a dead body was recovered
from the banks of the river – PW-3 identified the body as that of his
daughter – Doctor who conducted autopsy deposed that there was
no evidence of any ante-mortem injury – Trial Court convicted all
the accused under ss.304 B and 201 r/w s.34 on the basis of
circumstantial evidence – High Court upheld conviction – Appeal
against conviction – A-2 died during pendency of appeal – Held:
The circumstances set out in s.304B were established in the light of
the fact that the deceased, had gone missing from her matrimonial
home within a few months of her marriage and immediately after
demands of dowry were made on her and that her death had
occurred under abnormal circumstances – Such a death has to be
charactarized as a “dowry death” – There was sufficient evidence
to inculpate A-1 (husband of the deceased) – The circumstances
put together, unerringly pointed to his guilt in extinguishing the life
of his wife within a few months of the marriage on her failing to
satisfy the demands of dowry – The impugned judgment and order
of sentence imposed on A-1 is maintained – However, against A-3
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SUPREME COURT REPORTS
[2021] 9 S.C.R.
(Mother-in-law), evidence showed only omnibus allegations against
her with respect to dowry demands – Prosecution was not able to
indicate any specific allegations, nor pointed to any specific
evidence or testimony against her – Conviction order against her is
set aside.
Disposing of the appeals, the Court
HELD : 1.1 Section 304B IPC read in conjunction with
Section 113B of the Evidence Act leaves no manner of doubt that
once the prosecution has been able to demonstrate that a woman
has been subjected to cruelty or harassment for or in connection
with any demand for dowry, soon before her death, the Court
shall proceed on a presumption that the persons who have
subjected her to cruelty or harassment in connection with the
demand for dowry, have caused a dowry death within the meaning
of Section 304B IPC. The said presumption is, however,
rebuttable and can be dispelled on the accused being able to
demonstrate through cogent evidence that all the ingredients of
Section 304B IPC have not been satisfied. [Para 17][722-C-E]
Bansi Lal v. State of Haryana (2011) 11 SCC 359
: [2011] 1 SCR 724; Maya Devi and Anr. v. State of
Haryana (2015) 17 SCC 405 : [2015] 11 SCR 903 –
relied on .
1.2 In the instant case, despite the shoddy investigation
conducted by the prosecution, the circumstances set out in
Section 304B of the IPC have been established in the light of the
fact that the deceased, had gone missing from her matrimonial
home within a few months of her marriage and immediately after
demands of dowry were made on her and that her death had
occurred under abnormal circumstances, such a death would have
to be charactarized as a “dowry death”. [Para 18][722-E-F]
2. Recovery of the body from the banks of the river clearly
indicates that the deceased woman had died under abnormal
circumstances that could only be explained by her husband and
in-laws, as she was residing at her matrimonial home when she
suddenly disappeared and no plausible explanation was offered
for her disappearance. The plea raised on behalf of the accused
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that the body recovered from the banks of Barakar river was
unidentifiable, is devoid of merits when PW-3, father of the
deceased testified that he could recognize the dead body as that
of the deceased, from a part of the face

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