PREM KANWAR versus STATE OF RAJASTHAN

Citation: [2009] 1 S.C.R. 37 · Decided: 07-01-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed

Judgment (excerpt)

[2009] 1 S.C.R. 37 
PREM KANWAR 
A 
)( 
v. 
ST ATE OF RAJASTHAN 
(Criminal Appeal No. 58 of 2002) 
JANUARY 7, 2009 
B 
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM 
SHARMA, JJ.] 
+.. 
Penal Code, 1860: 
c 
s. 306 and 304-B - Dowry death - Death of daughter-in-
, 
law by burning - Acquittal of mother-in-law holding it to be a 
case of suicide - However, conviction by High Court -
Justification of - Held: Justified - Post mortem report to the 
effect that skull bones were found broken shows that before D 
burning the deceased was killed - Evidence of prosecution 
witnesses that accused was persistently taunting and 
harassing deceased for not bringing sufficient dowry- Dowry 
Prohibition Act, 1961 - s. 4. 
... 
s. 304 B- Evidence Act, 1872 - s. 1138 - Dowry death E 
- Essential ingredients to raise presumption under s. 113-B 
- Held: Is that the concerned woman 'soon before her death' 
was subjected to cruelty or harassment 'for or in connection 
)( 
with the demand of dowry' - 'Soon before' is a relative term -
.. 
It depends upon the facts and circumstances of the case -
F 
No strait-jacket formula can be laid down as to what would 
constitute a period of soon before the occurrence - There 
must be existence of proximate and live link between the 
effect of cruelty on dowry demand and death. 
G 
Dowry Prohibition Act, 1961: ss. 2, 3 and 4 - Dowry -
Meaning of - Held: Dowry includes not only the period before 
marriage but also the period subsequent to the marriage -
Demand of dowry refers to the demand of property or valuable 
~-
37 
H 
38 
SUPREME COURT REPORTS 
(2009] 1 S.C.R. 
A 
security- Even demand of dowry on other ingredients being 
satisfied is punishable - It is not always necessary that there 
be any agreement for dowry- Penal Code, 1861 - s. 304 B. 
It was the case of the father of the deceased that the 
B appellant-deceased's mother-in-law, her husband and 
uncle used to torture, harass and humiliate her for not 
bringing sufficient dowry. Within four years of marriage, 
the deceased was killed by burning. FIR was registered. 
Investigation was carried out. The doctor opined that the 
c cause of death of the deceased was asphyxia due to 
ante-mortem injuries. Accused were tried uls. 306 and 
304-8 IPC ands. 4 of the Dowry Prohibition Act, 1961. Trial 
court acquitted the accused holding it to be a case of 
suicide. However, High Court convicted them as case of 
D 
suicide was not established; and there was evidence of 
murder of deceased before her burning. Hence the 
present appeal. 
Dismissing the appeal, the Court 
E 
HELD: 1.1. The explanation to s. 304 8 IPC refers to 
dowry 'as having the same meaning as in s. 2 of the 
Dowry Prohibition Act, 1961 '. The definition by 
amendment includes not only the period before marriage 
but also the period subsequent to the marriage. Demand 
neither conceives nor would conceive of any agreement. 
:>' 
F 
If for convicting any offender, agreement for dowry is to 
• 
be proved, hardly any offenders would come under the 
clutches of law. When Section 304-8 refers to 'demand 
of dowry', it refers to the demand of property or valuable 
G 
security as referred to in the definition of 'dowry' under 
the Act. In cases of dowry deaths and suicides, 
circumstantial evidence plays an important role and 
inferences can be drawn on the basis of such evidence. 
That could be either direct or indirect. It is significant that 
Section 4 of the Act, was also amended by means of Act 
H 
PREM KANWAR v. STATE OF RAJASTHAN 
39 
; 
63of1984, under which it is an offence to demand dowry A 
" 
directly or indirectly from the parents or other relatives 
or guardian of a bride. The word 'agreement' referred to 
in Section 2 has to be inferred on the facts and 
circumstances of each case. The argument that there has 
th be an agreement at the time of the marriage in view of B 
t e words 'agreed to be given' occurring therein, and in 
the absence of any such evidence it would not constitute 
f. 
to be a dowry, is misconceived. This would be contrary 
to the mandate and object of the Act. 'Dowry' definition 
is to be interpreted with the other provisions of the Act c 
including Section 3, which refers to giving or taking 
dowry and Section 4 which deals with a penalty for 
demanding dowry, under the Act and the IPC. This makes 
it clear that even demand of dowry on other ingredients 
being satisfied is punishable. It is not always necessary D 
that there be any agreement for dowry. The offence 

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