UDAY CHAKRABORTY & ORS. versus STATE OF WEST BENGAL

Citation: [2010] 7 S.C.R. 1048 · Decided: 08-07-2010 · Supreme Court of India · Bench: B.S. CHAUHAN · Disposal: Dismissed

Judgment (excerpt)

A 
B 
[2010] 7 S.C.R. 1048 
UOAY CHAKRABORTY & ORS. 
v. 
STATE OF WEST BENGAL 
(Criminal Appeal No. 1733 of 2008) 
JULY 8, 2010 
[D~. B.S. CHAUHAN AND SWATANTER KUMAR, JJ.] 
PENAL CODE, 1860: 
c 
ss. 304-B and 498-A - Dowry death - Conviction of 
husband and his relatives -Plea that FIR not containing any 
allegation of demand of dowry, ingredients of offences 
charged were not satisfied - HELD: Although the father of the 
deceased who lodged the complaint in a tragic moment did 
0 not elaborate and specified the facts, the subsequent 
statements of different witnesses have fairly established that 
the deceased was tortured and harassed for dowry - Execution 
of ' Chuktiparta' at the time of marriage itself demonstrates 
that there was a clear intention on the part of accused to take 
E dowry in and as consideration for marriage - The cumulative 
effect of the ~ocumentary and oral evidence clearly shows that 
the accused have been rightly found guilty of the offence by 
the High Court - Sentencing. 
s.304-B - Expression 'soon before her death' - HELD: 
F Has to be given its due meaning, as the Legislature has not 
specified any time in the provision -
The concept of 
reasonable time would be applicable - In the instant case, 
marriage having not survived even for a period of two years, 
the entire period would be a relevant factor in determining the 
G issue - Doctrines - Concept of reasonable time. 
CODE OF CRIMINAL PROCEDURE, 1973: 
s. 161 -
Recording of statements afresh by new 
Investigating Officer on transfer of investigation to CID -
H 
1048 
UDAY CHAKRABORTY & ORS. v. STATE OF WEST 1049 
BENGAL 
HELD: Once the direction was giveri to conduct the 
A 
investigation afresh, there is no error in the JO examining the 
witnesses afresh - Penal Code, 1860 - ss. 304-B and 498-
A. 
SENTENCING: 
B 
Quantum of punishment - Seven years RI awarded by 
High Court to accused for offence punishable uls 304-B /PC 
- HELD: The sentence being the minimum under the 
provision, plea for reduction of sentence has no merit - Penal 
Code, 1860 - s.304-B. 
C 
WORDS AND PHRASES: 
Expression 'soon before her death' occurring in s.304-B 
/PC - Connotation of. 
Within two years of the marriage of appellant no. 1, 
his wife died of burn injuries in her matrimonial home. On 
the complaint of PW-1, the father of the bride, an FIR was 
registered and the investigation ultimately culminated in 
D 
the filing of challan against the husband, the sister-in-law, 
E 
two brothers-in-law, the father-in-law and the mother-in-
1 aw of the deceased for commission of offences 
punishable u/ss 304-B and 498-A IPC. During the trial, the 
father-in-law of the deceased died. The trial court 
convicted the remaining accused of the offences charged 
F 
and sentenced each of them to 7 years RI. On appeal, the 
High Court acquitted the sister-in-law and one brother-
in-law of the deceased. 
In the appeal filed by the convicts, it was primarily G 
contended for the appellants that in the instant case 
ingredients of the offences punishable u/ss 304-B and 
498-A IPC were not satisfied. It was submitted that the 
complaint lodged by PW-1 did not contain any allegation 
of demand of dowry and, therefore, there was no basis 
to prosecute the appellants. 
H 
1050 'SUPREME COURT REPORTS 
[2010] 7 S.C.R. 
A 
Dismissing the appeal; the Court 
HELD: 1.1The cumulative effect of the documentary 
and oral evidence on record clearly shows that the 
appellants have been rightly found by the High Court 
8 guilty of the offence charged. The father of the girl who 
lodged the complaint, can hardly be blamed for not 
lodging an elaborate and specific complaint immediately 
after the death of his daughter, as it was a tragic moment 
for him. The subsequent statements of different 
C witnesses have fairly established that the deceased was 
tortured and harassed for dowry. The Court is of 
considered view that execution of the "Chuktiparta" itself 
demonstrates that there was a clear intention on the part 
of the appellants to take dowry in and as consideration 
for marriage. Gifts were given at the time of marriage and 
D some items were also agreed to be given subsequent to 
the marriage. This itself would be an appropriate fact to 
be taken into consideration and is, in any case, 
completely in line with the case of the prosecution. The 
offence u/s 3048 read with s.498A IPC is made out and 
E has been proved by the prosecution beyond any 
reasonable doubt. [para 4 and 5] [1057-

Excerpt shown. Read the full judgment & AI analysis in Lexace.