LexPAWAN KUMAR AND ORS. versus STATE OF HARYANA
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A B c D PA WAN KUMAR AND ORS. v. STATE OF HARYANA FEBRUARY 9, 1998 [M.M PUNCHHI, CJ., AND A.P. MISRA, JJ.] Criminal Law: Penal Code, 1860 Section 304-B-lngredients of-Dowry death-Presumption of- ' 'Demanli of dowry' '-Proof of-Burden-Cruelty or harassment of wife-Jn connection with demand of dowry by husband soon before the death of his wife by suicide-Husband and his relatives demanded scooter and refrigerator soon after marriage-Deceased·(wife) failed to meet the demand which led to repeated taunts and maltreatment-Quarrel took place between husband and deceased at her sister's house one day before death-While going with her husband deceased told her sister that it would be difficult to see her face in the future-Held: Demand of dowry is punishable if ingredients of S.304- B are satisfied-Burden on accused to prove otherwise-Jn the circumstances E of the case, cruelty and harassment in connection with demand of dowry proved-Conviction and sentence under S.304-B upheld-Evidence Act, 1872, S.113-B-Dowry Prohibition Act, 1961, Ss. 2,3 and 4-lnterpretation of ·Statutes-Mischief rule. F Section 498-A Exp/n. (a)- "Cruelty "-Jni:ludes mental and physical cruelty-"wilful conduct '-Can be inferred by direct or indirect evidence. Sections 306 and 107-First-Suicide-Abetment to commit- "Jnstigates any person to do that thing"-Deceased (wife) failed to meet demand of dowfy-Husband treated deceased with cruelty and harassment- One day before. commission of suicide quarrel took place between husband G and deceased at her sister's house resulting in saturated mental agony-Her mental state was further clear when the deceased told her sister that it would be difficult to see her face in future-Held: All this would·constitute an act which would be an abetment for the commission of suicide by the deceased- Hence, sentence of 4 years' rigorous imprisonment and fine of Rs. 200, in H default of payment of fine further rigorous imprisonment of 3 months under 746 ' ' -•·;( - PAWANKUMARv. STATEOFHARYANA 747 S. 306 upheld. A Criminal Trial : Benefit of douht-·Can be extended to the accused but within the ~ confines of the stringency of law. _ _..,. Benefit of doubt-Is available if there is supportive evidence on record- Hence, for creating doubt or granting benefit of doubt, the evidence has to be such which may lead to such doubt. Words and Phrases : "Cruelty" and "wilful conduct"-Meaning of-In the context of S.498- A Expln. (a) of the Penal Code, 1860. The appellants were _convicted for offences under Section 306, 498-A and 304-B of the Indian Penal Code, 1860. The High Court maintained the B c convictions. Hence this appeal. D According to the prosecution, the deceased and appellant no. 1 were married in 1985. Within a few days of the marriage there was a demand for a refrigerator and scooter. On account of non-fulfilment of these demands, the deceased was repeatedly taunted, maltreated and mentally tortured by being cal,led ugly. When the maternal uncle of the deceased died, the deceased E along with her husband visited his place to offer condrllences. From there, the deceased, instead of returning to her husband's place, came to her sister's house and remained there for a few days. Both her sister and brother-in-law deposed that the deceased told them that husband was mal- teating her in view of dowry demand, and that not being satisfied, was F harassing her. When the husband of the deceased came to take her back, she was reluctant but her sister brought her down and sent her with husband. The deceased went with her husband but with the last painful words that it would be difficult now to see her face in the future. On the very next day, the deceased committed suicide. Allowing the appeal, this Court HELD : 1.1. The ingredients necessary for the application of Section 304-B of the Indian Penal Code, 1860 are :- (753-F] G (a) When the death of a woman is caused by any bums or bodily injury, H 748 SUPREME COURT REPORTS [1998] l S.C.R. A or (753-F) B (b) Occurs othenvise then under normal circumstances. (753-F-G) (c) And the aforesaid two facts spring within 7 years of the girl's marriage. [753-F-G) (II) And soon before her death, her husband or his relative subjected her to cruelty or harassment. (753-F-G) (e) This is in connection with the demand of dowry. [753-F-G) 1.2. ff these condition exist, it would constitute a dowry death; and the C husband and/o
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