STATE OF RAJASTHAN versus TEG BAHADUR AND ORS.

Citation: [2004] SUPP. 4 S.C.R. 840 · Decided: 29-09-2004 · Supreme Court of India · Bench: K.G. BALAKRISHNAN · Disposal: Dismissed

Judgment (excerpt)

A 
ST A TE OF RAJAS THAN 
v. 
TEG BAHADUR AND ORS. 
SEPTEMBER 29, 2004 
B 
[K.G. BALAKRISHNAN AND DR. AR. LAKSHMANAN, JJ.] 
c 
Penal Code, 1860-Sections 498A, 304-B and 201-Death within 7 
years of marriage-Under unnatural circumstances-Allegation of demand 
of dowry-Recovery of articles-Not proved to be belonging to deceased-
Witnesses not fully corroborating prosecution case-Evidence regarding 
demand of dowry contradictory-Discrepancy with regard to statement of 
reports in Police Station-Conviction by trial Court drawing presumption u/ 
s I 13-B of Evidence Act-Acquittal by High Court-On appeal, held: 
Acquittal justified as one of the main ingredients of the offence of dowry 
demand was absent-On the basis of evidence it could not be treated to have 
D 
been proved that accused actually demanded dowry soon before the death . 
of deceased and she was harassed due to this-Evidence Act, 1972-1I3-B. 
E 
F 
G 
According to. the Prosecution the Respondents-accused, the husband 
and in-laws of the deceased had killed her within 7 years of her marriage. 
It was alleged that the accused had sent the deceased to her parental 
house demanding dowry. When she was sent back to her matrimonial 
house, her death took place under mysterious circumstances. Cremation 
ceremony was performed in a hasty manner in the absence of her parents. 
PW-13, father of"the deceased went to the house of the accused after 
getting information about his daughter's death from PW-18. The cause 
ot: her death was told to him by grandfather of accused-husband to be 
Haiza. But neighbours told him that she was killed by throwing in the 
well. Gold ear-ring, glass/lac bangle pieces and metal clips were recovered 
from the well. Accused were prosecuted for offences u/s 498-A, 304-B 
and 201 IPC. 8 witnesses turned hostile and did not support the 
prosecution case. The recovered articles were not proved to be that of 
the deceased. Some witnesses including PW-18 stated that the parents of 
the deceased were present at cremation. Evidence regarding demand of 
dowry was also contradicted. 
Trial Court convicted the accused for the offences charged holding 
H 
that since the deceased had died under unnatural circumstances, that 
840 
STATE v. TEG BAHADUR 
841 
since her death took place within 7 years from the date of her marriage, 
A 
and that cremation was done in undue haste without informing her 
parents, presumption u/s 113-B Evidence Act could be drawn. On appeal, 
High Court acquitted the accused on account of weak and unreliable 
evidence. Hence the present appeal. 
Dismissing the appeal, the Court 
B 
HELD: 1. In the instant case one of the main_ingredients of the offence 
of demand of dowry being absent, the High Court is right in acquitting the 
accused for the .offence under Section 304-B IPC. The finding of the trial 
Court is contrary to the evidence led in this case. A reading of the judgment 
C 
of the trial Court clearly shows that it proceeded as if the presumption is 
available against the accused merely because an allegation of death within 
seven years of marriage was made without even the prosecution having 
proved the required preliminary fact. Having so shifted the onus, the Court 
then proceeded to hold that the accused had not discharged the said onus 
and hence convicted the accused primarily based on the presumption under 
Section 113-B of the Evidence Act. That apart, there is also discrepancy in 
regard to the statement ofreports in the Police Station. The prosecution has 
failed to prove the circumstances alleged against the accused persons. 
[850-F-G-H; 851-A-B] 
D 
E 
2. A conjoint reading of Section 113-B of the Evidence Act and 
Section 304-B of Penal Code shows that there must be material to show 
that soon before her death the victim was subjected to cruelty or 
harassment. The prosecution has to rule out the possibility of a natural 
or accidental death so as to bring it within the purview of "death 
occurring otherwise than in normal circumstances." [848-D-E-F] 
F 
Hira Lal and Ors. v. State (Govt. of NCT), Delhi, [2003] 8 SCC 80, 
relied on. 
3. On a careful scrutiny of the statements of the witnesses, it is seen 
that witnesses have given different statements regarding demand of 
dowry. Under these circumstances, there is lack of evidence to prove the 
demand of dowry and the evidence led by the prosecution bristle 'with 
discrepancies and contradictions. On the basis of the evidence, it could 
not be treated to hav

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