LexRAM BADAN SHARMA versus STATE OF BIHAR
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RAM BADAN SHARMA A v. STA TE OF BIHAR AUGUST 21, 2006 [S.B. SINHA AND DAL VEER BHANDARI, JJ.] B Penal Code, 1860: Sections 304-B and 201. Dowry death-Parents of deceased-wife failed to give dowry articles- The deceased was harassed and was ultimately killed by administering C poison to her by her husband and in-laws-The deceased died after eating 'Prasad' and thereafter she was neither taken to any doctor nor any treatment was given to her-The news of the death of the deceased was not sent to the . parents of the deceased-They came to know of the death only after three days-The accused persons clandestinely, secretly and hurriedly cremated D the deceased without informing the factum of death to the parents of the deceased-Trial court convicted the accused persons under Ss. 304-B and 20/-High Court affirmed the conviction-Correctness of-Held: There has been a persistent demand of dowry and harassment, humiliation and physical violence and beating by the husband and her in-laws-The deceased died under unnatural circumstances within seven years of the marriage-The E aforementioned incidents necessarily attract Section 304-B /PC-Hence, the presumption of dowry death under S. 113-B of the Evidence Act clearly arose-The accused persons secretly and clandestinely cremated the deceased to wipe out the entire evidence of murder-This clearly attracted Section 201 !PC also-Hence, conviction upheld-Evidence Act, 1872, S. 113-B-Dowry F Pro/iibition Act, 1961. According to the prosecution, the husband and in-laws of the deceased had been persistently demanding a colour TV, motor cycle and cash. Due to the failure of her parents to give dowry articles, the deceased was harassed and was ultimately killed by administering poison to her by the accused G persons. The deceased died after eating 'Prasad' and thereafter she was neither taken to any doctor nor any treatment was given to her. The news of the death of the deceased was not sent to the parents of the deceased who were living only a few miles away from the village of the accused. The accused 795 H 796 SUPREME COURT REPORTS [20061 SUPP. 4 S.C.R. A persons clandestinely, secretly and hurriedly cremated the deceased without informing the factum of death to the parents of the deceased. Only from a barber, after three days, the parents of the deceased came to know about the death of the deceased. The trial court convicted the accused persons under Sections 304-B B and 201 of the Penal Code, 1860. The High Court affirmed the conviction. c Hence the appeal. The following questions arose before the Court:- (i) Whether the prosecution was able to prove the demands of dowry? (ii) Whether the deceased had died because of the harassment and cruelty meted out at the hands of the accused persons in connection with the demands of dowry? (iii) Whether the death had occurred within seven years of the D marriage? Dismissing the appeals, the Court HELD: I. When the evidence of the instant case is closely examined, then the conclusion regarding the guilt of the accused persons becomes E irresistible. There is an overwhelming evidence to establish that there has been persistent demand of dowry and because of non-fulfillment of the said demand, there was harassment, humiliation and continuous beating of the deceased by the accused persons. The most suspicious circumstance which supported the story oqhe prosecution was that the news of the death of the F deceased was not sent to the parents of the deceased who were living only a few miles away from the village of the accused. The accused persons clandestinely, secretly and hurriedly cremated the deceased withnut informing the factum of death to the parents of the deceased. Only from a barber, after three days, the parents of the deceased learnt that the deceased was killed by administering poison to her. The deceased's brother and other relatives G rushed to the village where they learnt that the deceased was killed by administering poison. (806-H, 807-A-D-E( 2. There are three main ingredients of the offence under Section 304- 8 of the Penal Code, 1860; (a) that, there is a demand of dowry and harassment by the accused on that count; (b) that, the deceased died; and (c) that, the death H is under unnatural .circumstances within seven years of the marriage. When RAM BADAN SHARMA v. ST A TE OF BIHAR 797 these factors were proved by reliable and cogent evidence, then the A presum
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