STATE OF ANDHRA PRADESH versus RAJ GOPAL ASAWA AND ANR.

Citation: [2004] 3 S.C.R. 32 · Decided: 17-03-2004 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Case Partly allowed

Judgment (excerpt)

A 
STATE OF ANDHRA PRADESH 
v. 
RAJ GOPAL ASA WA AND ANR. 
MARCH 17, 2004 
B 
[DORAISWAMY RAJU AND ARIJIT PASAYAT, JJ.] 
Penal Code, 1860: 
Dowry death-Agreement for dowry-Relevancy of-Held: "Demand of 
C dowry" itself punishable under S. 340-B-lt is not necessary to show that 
"agreement for dowry" existed-It has to be inferred from the facts and 
circumstances of each case-It is not always necessary that there be an 
agreement for dowry-Hence, conviction is possible even if there is no 
agreement for dowry. 
D 
Dowry death-Presumption of-Essential ingredients-Proximity test-
Held: The expression "soon before" is ve1y relevant whenever S. 304-B /PC 
and S. 113-A of the Evidence Act are pressed into service-It must be shown 
that soon before her death the victim was subjected to cruelty and harassment-
However, no straitjacket formula could be laid down as to what would constitute 
E a period of "soon befor,e" the occurrence-It has to be determined by the 
courts depending upon facts and circumstance~ of each case-There must be 
existence of a proximate and live-link between cruelty and death-Evidence 
Act, 1872, S. I I 3-B. 
Sections 304-B and 498-A-Dowry death-Wife committed suicide within 
F a few months of marriage-Trial court found prosecution evidence regarding 
demand of dowry clear, cogent and credible-Brother-in-law (A-1), mother-
in-law (A-2) and husband (A-3) of the deceased wife convicted-A-3 held 
guilty as he extended tacit support, albeit indirectly-However, High Court 
acquitted the accused persons-Correctness of-Held: Evidence showed that 
G demand of dowry was made shortfv before the wife committed suicide-Hence, 
acquittal of A-I set aside-Since A-2 expired during pendency of appeal before 
High Court, her appeal abated-Inference that A-3 extended tacit approval 
for demand of dowl}' could not be substantiated-Therefore, acquittal of A-3 
upheld. 
H 
Dowry Prohibition Act, 1961: 32 
STATE OF ANDHRA PRADESH v.R.G. ASA WA 
33 
Dowry-Agreement to give dow1y-Existence of-For conviction-Held: A 
There is no necessity of existence of an agreement to give dowry to convict 
an accused person-Such an agreement had to be inferred on the facts and 
circumstances of each case-Conviction possible even if no agreement existed. 
Words and Phrases: 
"Soon before"-Meaning of-In the Context of S. 304-B of the Penal 
Code, I860 and S. II3-B of the Evidence Act, I872. 
,y· 
"Dowry "-Meaning of-In the context of S. 304-B of the Penal Code, 
1860. 
"Agreed to be given"-Meaning of-In the context ofS. 2 of the Dowry 
Prohibition Act, 1961. 
Wife of the appellant (A-3) committed suicide within a few months 
B 
c 
of her marriage. A charge sheet was filed against A-3, the brother-in-law 
(A-1) and the mother-in-law (A-2) of the deceased for offences under D 
Section 304-B and 498-A of the Penal Code, 1860. The trial court found 
that the evidence of PWs 2, 3, 4 and 6 about the demand of dowry made 
'I 
by A-1 and A-2 was cogent and credible. A-3 was held guilty as he extended 
tacit support, albeit indirectly. During the pendency of the appeal before 
the High Court, A-2 expired and the appeal was held to be abated so far E 
as she was concerned. 
In the appeal before the High Court the primary stand taken was 
that there was no evidence to show about any agreement or demand for 
payment of dowry before the marriage; that even if any subsequent 
demand was made as alleged, that could not bring in application of Section F 
304-B IPC. The High Court held that on the grounds urged by the accused 
persons, conviction could not be maintained. The High Court further held 
that if there was no agreement between the parties to give or .take any 
property or valuable security or where the property or valuable security 
had been given or taken but thereafter further amounts were demanded 
after the marriage, such demands would not constitute 'dowry' within the 
meaning of Section 2 of the Dowry Prohibition Act, 1961. Hence the 
appeal. 
Allowing the appeal in part, the Court 
G 
HELD: 1. The argument that there has to be an agreement at the H 
34 
SUPREME COURT REPORTS 
[2004] 3 S.C.R. 
A time of the marriage in view of the words "agreed to be given" occurring 
in Section 2 of the Dowry Prohibition Act, 1961, and in the absence of 
any such evidence, it would not constitute to be a dowry is not acceptable 
in view of the fact that the definition of dowr~ in Section 2 of the Act by 
amendment includes not only the period before the ma

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