LexSTATE OF RAJASTHAN versus GIRDHARI LAL
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[2013] 10 S.C.R. 443 STATE OF RAJASTHAN V. GIRDHARI LAL (Criminal Appeal No. 1186 of 2008) OCTOBER 7, 2013 [SUDHANSU JYOTI MUKHOPADHAYA AND A.K. SIKRI, JJ.] A B Penal Code, 1860 - ss. 306 and 3048 - Death of married woman due to burn injuries within 7 years of marriage - C Deceased was daughter of PW1 - Trial court convicted accused-husband (respondent) uls.3048 /PC and sentenced him to undergo life imprisonment - On appeal, High Court converted the conviction from s.3048 /PC to s.306 /PC and reduced the sentence from life imprisonment to five years D imprisonment - Justification - Whether death of PW1's daughter was an instance of dowry death or she was driven to commit suicide by respondent - Held: No specific allegation as to whether respondent demanded dowry - No evidence on record to come to the definite conclusion that E soon before her death, the deceased was subjected to cruelty or harassment by respondent for, or in connection with any, demand of dowry - In absence of such ingredient, presumption that respondent had caused the dowry death cannot be drawn - However, it is established from ocular and documentary F evidence that deceased was subjected to cruelty and harassment by respondent - As a result of such treatment of cruelty and harassment, she was driven to meet the suicidal death - Appellate Court (High Court) rightly presumed, having regard to all other circumstances of the case, that such suicidal act had been abetted by respondent and convicted G him uls.306 /PC - Evidence Act, 1872 - ss.113A and 1138. Penal Code, 1860 - s.3048 - Offence under - Main ingredient - Held: The main ingredient of the offence under 443 H t 444 SUPREME COURT REPORTS [2013] 10 S.C.R. A s.3048 /PC which is required to be established by the State is whether "soon before her death" the deceased was subjected to cruelty and harassment by her husband, ''for or in connection with demand of dowry", to allege "dowry death" - Period which can come within the term "soon before" cannot B be put within the four comers of time frame - It is left to the Court for its determination depending upon the facts and circumstances of each case - Words and Phrases - Term • "soon before" - Meaning of. The daughter of PW1 was married to respondent. C She died of burn injuries within 7 yea 1rs of her marriage. It was alleged that the deceased had been tortured and harassed by her in-laws in connection with demand for dowry from the initial days of her marriage. D The trial court convicted the respondent under Section 3048 IPC and sentenced him to undergo life imprisonment. On appeal, the High Court converted the conviction from Section 3048 IPC to 306 IPC and reduced the sentence from life imprisonment to five years E imprisonment. In the instant appeal by the State, the question which arose for consideration was whether the death of PW1 's daughter was an instance of dowry death or whether she was driven to commit suicide by her husband F (respondent). Dismissing the appeal, the Court HELD: 1. The main ingredient of the offence under G Section 3048 IPC which is required to be established by the State is whether "soon before her death" the deceased was subjected to cruelty and harassment by her husband, "for or in connection with demand of dowry", to allege "dowry death". The period which can corrie within the term "soon before" cannot be put within H STATE OF RAJASTHAN v. GIRDHARI LAL 445 . the four corners of time frame. It is left to the Court for its A determination depending upon the facts and circumstances of each case. [Paras 8, 11] [448-E; 449-H; 450-A] 2. In the present case, father and mother o-f the deceased (PW.1 and PW.7 respectively) made ominous statements regarding demand of dowry that after the marriage, demand of dowry was made by the in-laws of the deceased. It is not made specific as to whether respondent demanded dowry. [Para 11] [450-8] 3. Secdc)n. 1138 of the Indian Evidence Act, 1872 deals with the presumption as to dowry death. In the present case there is no evidence on record to come to B c the definite conclusion that soon before her death, the deceased was subjected to cruelty or harassment by her D husband, respondent for, or in connection with any, demand of dowry. In absence of such ingredient the presumption that respondent had caused the dowry death cannot be drawn. The prosecution thereby cannot take advantage
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