SAROJINI AND ORS. versus STATE OF M.P. AND ORS.

Citation: [1992] SUPP. 2 S.C.R. 25 · Decided: 16-10-1992 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Dismissed

Judgment (excerpt)

SAROJINI AND ORS. 
A 
v. 
STATE OF M.P. AND ORS. 
OCTOBER 16, 1992 
[KULDJP SINGH AND K RAMASWAMY, JJ.] 
B 
Indian Penal Code,. 1860 : 
Sections 302 read with 34, 201-Dowry death-Husband and mother-
in-law charged with-Convicted and sentenced to life imprisonment-High C 
Court acquitting both the accused giving them benefit of doubt-Mother-in-
/aw convicted u/s.201 and sentencetf-'Participis Criminis~ircumstances 
clearly showing both the accused participating in the crime-Acquittal set 
aside and conviction and sentence of both the accused restoretf-Conviction 
and sentence of Mother-in-law u/s.201-Affirmed. 
The appellant-accused and her son were charged with offences 
under S. 302 read with S. 34 IPC or alternatively under S.306 read with 
S.34 I.P.C. for causing the death of, or abetment to cause suicide by, the 
daughter-in-law/wife of the accused. According to the prosecution, it was 
D 
a case of dowry death. The dead body was found in a completely burnt 
condition in the matrimonial house of the deceased. The trial Court E 
convicted both the accused under S.302 IPC read with S.34 !PC and 
sentenced them to undergo rigorous imprisonment for life. 
On appeal the High Court acquitted both the mother and son of 
their offences under S. 302 read with S. 34 IPC but convicted the mother 
under S. 201 IPC and sentenced her to undergo rigorous imprisonment 
for five years. 
The State preferred an appeal against the acquittal and the con-
victed accused preferred an appeal against her conviction and sentence. 
On behalf of the appellant accused it was contended that the 
deceased either committed suicide or died due to fire accident; that the 
husband of the deceased was not present at the time of occurrence; and 
that the mother-in-law was entitled to acquittal under S.201 IPC. 
F 
G 
Allowing the appeal by the State and dismissing the appeal by the H 
25 
26 
SUPREME COURT REPORTS 11992) SUPP. 2 S.C.R. 
A accused, this Court, 
B 
c 
HELD: l. There is no inconsistency in the evidence of the post-mor-
tem Doctor and the Forensic Doctor, who minutely examined all the 
factual details and came to the finding that the death was due to asphexia. 
This finding has been accepted by the trial court as well as the High Court. 
Thus there is no conflict of medical opinions to extend the benefit of doubt 
to the accused. [32-D-E) 
State (Delhi Admn.) v. Gulzarilal Tandon, AIR 1979 SC 1982, distin-
guished. 
2. The conduct of the appellant-accused as evidenced by Ex.P-1 to 
)>-4 the pre-marital demand for dowry and non-compliance thereof is a 
relevant fact to establish motive as rightly found by the courts below. The 
fact that the daughter-in-law met with homicidal death within 
three 
months from the date of marriage is also a relevant fact to conclude ·that 
D the death was due to the failure to comply with the demand for dowry. At 
the earliest the appellant accused came forward with the plea that the 
deceased committed suicide at 8.00 or 8.30 a.m. after taking meal, which 
is found to be false, is also a relevant fact in completing the chain of 
circumstances. [33-C-D) 
E 
3. The dead body was fonnd in the store room which is in the first 
floor. There is no other way of ingress or egress to the first floor, except 
through the stair-case I)'.ing in the ground floor of the house. As such it 
is impossible for any other person to enter into the house except the 
inmates. Admittedly, the deceased and her mother-in-law alone were 
F 
living in the house while her husband was working at a place 90 KMs. 
away and obviously be was coming and going to bis place of duty. The 
High Court also accepted the possibility of bis coming to bis house and 
after committing the offence he must have left the place as the journey on 
the high-way would take hardly two hours. The murder was committed 
G within hardly three months from the date of marriage. 
As per the 
evidence of DW-4 the deceased was happy in the marital home. It would, 
therefore, conclusively exclude the theory of suicide. Thus, she must have 
been done to death by none other than the inmates of the matrimonial 
home. [32 F-H; 33-A,B) 
H 
4. When the deceased was done to death by asphexia and thereafter 
• 
SAROJINI v. STATE OF M.P. 
27 
the dead body was burnt soaking kerosene on the naked body, it would A 
be obvious that more than one participated in committing the murder. 
The High Court also found that the appellant-accused had an associate 
to screen the evidence of

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