PATHAN HUSSAIN BASHA versus STATE OF A.P.

Citation: [2012] 7 S.C.R. 290 · Decided: 16-08-2012 · Supreme Court of India · Bench: SWATANTER KUMAR · Disposal: Case Partly allowed

Judgment (excerpt)

A 
B 
[2012] 7 S.C.R. 290 
PATHAN HUSSAIN BASHA 
v. 
STATE OF A.P. 
(Criminal Appeal No. 1712 of 2009) 
AUGUST 16, 2012 
[SWATANTER KUMAR AND FAKKIR MOHAMED 
IBRAHIM KALIFULLA, JJ.] 
Penal Code, 1860 - ss.304-8 and 498-A - Suicide by 
C married woman - Short span of time between marriage and 
death of the deceased - Prosecution case that deceased was 
being harassed and ill-treated by her husband, father-in-law 
and mother-in-law for non-payment of balance dowry amount 
- Trial court convicted all the three accused and sentenced 
o them to life imprisonment - High Court acquitted the accused-
father-in-law but confirmed conviction and sentence of the 
accused-husband and mother-in-law (i.e. the appellants) - On 
appeal, held: The ingredients of s.3048 rlw s.498A /PC were 
completely satisfied in the instant case - By a deeming fiction 
E in law, the onus was on the accused to prove as to how the 
deceased died - It was for the accused to show that the death 
of the deceased did not result from any cruelty or demand of 
dowry by the accused persons - Denial cannot be treated to 
be discharge of onus - Onus has to be discharged by leading 
F 
proper and cogent evidence - Maintaining silence cannot be 
equated to discharge of onus by the accused - On facts, the 
prosecution established the guilt of the accused by reliable 
and cogent evidence - There being no rebuttal thereto, no 
occasion for interference by Supreme Court - Appellants were 
rightly held guilty by the courts below - However, keeping in 
G view the attendant circumstances and in the interest of justice, 
punishment awarded to them reduced to ten years rigorous 
imprisonment. 
In a case of death of a married woman, her husband 
H 
290 
PATHAN HUSSAIN BASHA v. STATE OF A.P. 
291 
and parents-in-law were charged with offences under 
A 
Sections 304-B and 498-A IPC. The prosecution case was 
that at the time of marriage of the deceased, it was 
promised that a dowry of Rs. 25,000/-, would be paid by 
the side of the wife to the husband; that out of this 
amount, a sum of Rs. 15,000/- was paid at that time and 
it was promised that the balance dowry of Rs. 10,000/-
wou Id be paid after four months, upon which the 
marriage was performed; that the deceased's father could 
B 
not pay the balance amount within time as he lacked the 
resources; that despite pressure from accused-husband 
C 
and parents-in-law, the deceased was not able to get the 
balance amount of dowry from her family; that for non-
payment of dowry, the accused persons harassed the 
deceased and subjected her to cruelty and even refused 
to send her to her parental house; that deceased was 
0 
unable to bear such cruelty by the accused persons and 
consequently committed suicide by hanging herself in 
the house of the accused. The trial court convicted all the 
three accused under ss.3048 and 498A IPC and 
sentenced them to life imprisonment. In appeal, the High 
Court acquitted the accused-father-in-law, but confirmed 
the conviction of accused-husband and mother-in-law 
(i.e. the appellants). Hence the present appeals. 
Partly allowing the appeals, the Court 
E 
F 
HELD: 1. From the evidence, it is clear that the dowry 
demands were being raised by the accused persons 
persistently from the family of the deceased and for that 
they even harassed the deceased, by beating and 
abusing her. The deceased had informed her parents of 
the ill-treatment and the cruelty inflicted on her for non-
G 
giving of dowry. The period intervening between the 
marriage and the death of the deceased was very small. 
They were married in the year 2002 and she committed 
suicide by hanging on 15th February, 2003. The 
witnesses, including LW-1 (father of the deceased) stated 
H 
292 
SUPREME COURT REPORTS 
[2012] 7 S.C.R. 
A that for the first few months they were happy, but 
thereafter, there were quarrels between the accused-
husband and the deceased. Accused-husband when he 
had gone to the parental house of the deceased, 
demanded different items like fan, ring and Rs. 1,000/- in 
B cash, and the balance of the agreed dowry amount. Since, 
these demands were not satisfied instantaneously, he 
even left the deceased at her parental house. [Paras 12, 
13] [298-C-F] 
C 
2. It is clear that the ingredients of Section 3048 read 
with Section 498A IPC are completely satisfied in the 
present case. By a deeming fiction in law, the onus shifts 
on to the accused to prove as to how the deceased died. 
It was for the 

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