STATE OF MADHYA PRADESH versus JOGENDRA & ANR.

Citation: [2022] 2 S.C.R. 295 · Decided: 11-01-2022 · Supreme Court of India · Bench: N.V. RAMANA · Disposal: Case Partly allowed

Cited by 1 judgment(s) · cites 8 · see the full citation network in Lexace

Judgment (excerpt)

[2022] 2 S.C.R. 295
295
STATE OF MADHYA PRADESH
v.
JOGENDRA & ANR.
(Criminal Appeal No. 190 of 2012)
JANUARY 11, 2022
[N. V. RAMANA,CJI, A. S. BOPANNA AND
HIMA KOHLI, JJ.]
Penal Code, 1860: s.304-B, 498-A – Dowry death –
Prosecution case was that fed up with the constant dowry demands
made on her by the respondents (husband and father-in-law), which
her family could not satisfy, the victim-deceased committed suicide
by immolating herself at her matrimonial home within seven years
of her marriage – Conviction of respondents for offence under
ss.304B, 498A and 306 – On appeal, held: All the four pre-requisites
for invoking s.304-B were satisfied, namely, that the death of the
victim-deceased took place at her matrimonial home within seven
years of her marriage; that the said death took place in abnormal
circumstances on account of burning and that too when she was
five months pregnant; that she had been subjected to cruelty and
harassment by the respondents soon before her death and such
cruelty/harassment was in connection with demand for dowry –
Taking into account the evidence brought on record by the
prosecution, particularly, the testimony of P.W.-1 (uncle of the
deceased), analysis of the trial Court was correct and respondents
deserved to be convicted under ss.304-B and 498-A – However, the
findings returned by the High Court that has acquitted the
respondents for the offence of abetment to commit suicide under
s.306 is not disturbed as the prosecution could not bring any
conclusive evidence on record to satisfactorily demonstrate that it
was due to the abetment on the part of the respondents that the
deceased had committed suicide by immolating herself.
Dowry prohibition Act, 1961: s.2 – Dowry – The term ‘dowry’
takes within its ambit any kind of property or valuable security –
Demand of money for construction of a house – In the instant
case, the trial Court correctly interpreted the demand for money
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296
SUPREME COURT REPORTS
[2022] 2 S.C.R.
raised by the respondents on the deceased for construction of a
house as falling within the definition of the word “dowry” – The
submission for the respondents that the deceased was also a party
to such a demand as she had on her own asked her mother and
maternal uncle to contribute to the construction of the house, must
be understood in the correct perspective – It cannot be lost sight
of that the respondents had been constantly tormenting the
deceased and asking her to approach her family members for
money to build a house and it was only on their persistence and
insistence that she was compelled to ask them to contribute some
amount for constructing a house – High Court fell in an error in
drawing an inference that since the deceased had herself joined
her husband and father-in-law, and asked her mother or uncle to
contribute money to construct a house, such demand cannot be
treated as a “dowry demand” – On the contrary, the evidence
brought on record was that the deceased was pressurized to make
such a request for money to her mother and uncle – It was not a
case of complicity but a case of sheer helplessness faced by the
deceased in such adverse circumstances – Penal Code, 1860 –
ss.304-B, 498-A.
Penal Code, 1860: ss.304-B, 498-A – Dowry death–
Interpretation of a provision of law that will defeat the very intention
of the legislature must be shunned in favour of an interpretation
that will promote the object sought to be achieved through the
legislation meant to uproot a social evil like dowry demand – In this
context the word “Dowry” ought to be ascribed an expansive
meaning so as to encompass any demand made on a woman, whether
in respect of a property or a valuable security of any nature – When
dealing with cases under s.304-B IPC, a provision legislated to act
as a deterrent in the society and curb the heinous crime of dowry
demands, the shift in the approach of the courts ought to be from
strict to liberal, from constricted to dilated – Any rigid meaning
would tend to bring to naught, the real object of the provision –
Therefore, a push in the right direction is required to accomplish
the task of eradicating this evil which has become deeply entrenched
in our society – Interpretation of statutes – Dowry prohibition Act,
1961 – s.2.
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297
Partly allowing the appeal, the Court
HELD: 1. It is clear that during his extensive cross-
examination, P.W.-1 firmly stuck to his statements that the
harassment of his niece had started within six

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