LexSATYA NARAYANA TIWARI AND ANR. versus STATE OF U.P.
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[2010] 12 S.C.R. 1137 SATYA NARAYANA TIWARI AND ANR. A V. STATE OF U.P. (Criminal Appeal No. 1168 of 2005) OCTOBER 28, 2010 B [MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] PENAL CODE, 1860: ss. 304-B and 498-A /PC and s. 4 of Dowry Prohibition c Act - Dowry death - Circumstantial evidence - Bride died of strangulation and burn injuries in her matrimonial home - Husband and mother-in-law of deceased charged with the offences - Acquittal by trial court - Conviction by High Court - Held: Trial judge recorded acquittal adopting a superfluous 0 approach without in-depth analysis of the evidence and circumstances established on record - He proceeded on wrong premise and irrelevant considerations -The ingredients of s. 304-B have been established - The presumption uls 113-B of Evidence Act is attracted and the accused could not E displace the same - The prosecution has established that the accused committed the offences - Findings of High Court upheld - Dowry Prohibition Act, 1961 - s. 4 - Evidence - Circumstantial Evidence - Evidence Act, 1872 - s. 113-B. s. 304-B - Ingredients - Explained - Expression 'soon. F before her death' - Connotation of - Proximity Test. Administration of criminatl justice - Framing of appropriate charge -Dowry death - Bride strangulated and burnt to death by her husband and mother-in-law as their G demand for dowry was not fulfilled - Held: It was a case u/s 302 but no charge under that section was framed - Such cases of bride burning fall in the category of rarest of rare cases and, therefore, deserve death sentence - However, 1137 H 1138 SUPREME COURT REPORTS [2010] 12 S.C.R. A conviction and sentence ulss 304-8 and 498-A upheld - Penal Code, 1860 - ss. 304-8 and 498-A - Code of Crim1nal Procedure, 1973 - Sentence/Sentencing. B Words and Phrases: Expressions 'soon before her death' as occurring in s.304- 8 !PC; and 'rarest of rare cases' in the context of dowry deaths - Connotation of A bride, aged about 24 years, died of strangulation c and burn injuries in her matrimonial home, within three years of her marriage. The father of the deceased stated in the FIR that dowry was being demanded from him and it was insisted that a Maruti car be part of the dowry. The trial court acquitted the accused, namely, the husband 0 and the mother-in-law of the deceased, but the High Court convicted them u/ss 304-B and 498-A IPC and s.4 of the Dowry Prohibition Act, 1961. Aggrieved, the accused filed the appeal. E Dismissing the appeal, the Court HELD: 1.1 As has been held by the Apex Court in the case of Kunhiabdulla*, in order to attract application of s.3048 IPC, the essential ingredients are : (1) The death of a woman should be caused by burns or bodily injury F or otherwise than in normal circumstances; (2) such a death should have occurred within seven years of her marriage; (3) She must have been subjected to cruelty or harassment by her husband or any relative of her husband; (4) Such cruelty or harassment should be for G or in connection with demand of dowry; (5) Such cruelty or harassment is shown to have meted out to the woman soon before her death. [para 16] [1149-E-H; 1150-A] H *l<.unhiabdul/a Versus State of Kera/a 2004 (2 ) SCR 853 = 2004 (4) sec 13 - referred to. SATYA NARAYANA TIWARI AND ANR v. STATE OF 1139 U.P. 1.2 As generally happens in a crime of dowry death, A this case is also based on circumstantial evidence. As regards ingredients No. 1 and 2, it is an admitted fact that the deceased, as indicated in the post mortem report, died otherwise than in normal circumstances, and that the death had occurred within seven years of her marriage B in her 'Sasural' in her bedroom. [para 17] [1150-8-C] 1.3 As regards ingredients No. 3, 4 and 5, the relevant testimony is contained in the statements of the deceasd's father PW 1 and PW 2 (son-in law of PW-1 ). Their testimony is quite credible regarding the illegal demand C of a Maruti Car in dowry by the two accused, namely, the husband and the mother-in-law of the deceased, since after six months of the marriage and that they subjected her to harassment, maltreatment and humiliation on non- fulfilment of the said demand. It goes without saying that D cruelty or harassment may not only be physical but also mental. [para 18 and 20] [1150-E; 1152-A-C] 1.4 As has been held by this Court in Kunhiabdul/ah, 'soon before' is a relative term and it would depend u
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