LexSTATE OF HIMACHAL PRADESH versus NIKKU RAM AND ORS.
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.. STATE OF HIMACHAL PRADESH v. NIKKU RAM AND ORS. AUGUST 30, 1995 [K. RAMASWAMY AND B.L. HANSARIA, JJ.] Penal Code 1860-Sections 304B, 324-Autopsy revealing death by naphthalene poisoning and two wounds found on person of deceased-Wliether offence of dowry death made out-Held, wounds on the person of deceased coul<! not have caused death-Death was by naphthalene poisoning-Evidence on record does not make out offence of dowry death-Offence, held, would be under Section 324 . A B c Criminal Trial-Sentence-Penal Code-Section 324-Held, accused being over 80 years, substantive imprisonment not called for 12 years after commission of offence-Fine of Rs. 3000, to be made over to parents of D deceased-Oiminal Procedure Code 1973, Section 357-Dowry death. Penal Code 1860-Sections 306, 107, 498A~vidence Act 1862-Sec- tion 113A-Presumption as to abetment of suicid~vidence of demands amounting to cmelty of manied person having been disbelieved by Court, E offence of abetment to suicide, held, not made out. Dow1y Prohibition Act 1961-Section 2-DoWly, meaning of-"ln con- nection with the maniage''-Wliether prope1ty or valuable security given after. maniage is dow1~Held, demand made long after maniage could constitute dow1y, if other requirements of section satisfie<J-,-/mplied agreement to be F read into giving prope1ty or valuable security as pa1t of consideration for maniage, even if asked after the maniage-Held fwther, even under un- amended definition which required prope1ty or valuable security be demanded or given as "consideration for the maniage'~ demand made after maniage could also be pa1t of consideration-Dow1y Prohibition (Amendment) Act,. G 1984-Dow1y Prohibition (Amendment) Act 1986. The deceased was married on 6 February 1985. On 20 June 1988, she consumed naphthalene balls, which proved fatal. The prosecution alleged that, from 5-6 months after her marriage, her husband, mother-in-Jaw and sister-in-law started taunting her for bringing less dowry, that demands H 177 178 SUPREME COURT REPORTS [1995] SUPP. 3 S.C.R. A for TV, electric fan, buffalo etc. were made which, not being fulfilled, she was treated with cruelty. It was alleged that, unable to bear the torture, she consumed naphthalene balls. During the investigation, sickle was recovered on disclosure made by the mother-in-law. Some letters written by the deceased to her father also B came to light. The accused were charged with offences under Sections 3048, 306 and 498A, IPC. The Trial Court, after analysing the evidence, ·found that the C prosecution had failed to establish the charges beyond reasonable doubt, and acquitted all three accused. The High Court refused to grant leave to appeal. D E F Partly allowing the appeal, this Court HELD : 1. The prosecution failed to bring home the offence either under Section 3048 or Section 306 against any of the respondents. The only offence made out is under Section 324 against the mother-in-law of the deceased. (181-C-D; 182-C] 2. The autopsy revealed only two wounds on the person of the deceased; these could not have caused the death of the deceased. The evidence of the doctor performing autopsy is that death was because of naphthalene poisoning. The allegation under Section 3048 does not stand. (181-H; 182-A] 3. There is no doubt that the first injury was caused on the person of the dece,1sed by the accused mother-in-law as is the evidence of the prosecution witnesses. The offence made out would be under Section 324 IPC. [182-8] 4. Keeping in view the advanced age of the accused, which is more G than 80 years, a sentence of substantive imprisonment is not called for at this length of time. The ends of justice will be met by imposing a fine of Rs. 3000 which should be paid within two months, failing which she should undergo simple imprisonment for one month. Fine, if paid, shall be made over to the parents of the deceased. [182-C; 185-G] H 5. The stand of the prosecution is that abetment to suicide stood STATE OF H.P. v. NIKKU RAM 179 established because of Section 113A, Evidence Act, This provision shows A that if the woman had been subjected to cruelty, as defined in Section 498A IPC, the court may presume, having regard to all circumstances of the ,.. case, that the suicide had been abetted by her husband or any of his relatives. There is however no liable evidence to hold that the deceased was being harassed within the meaning
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