SUBJECT: LAW OF CRIMES

PROJECT REPORT ON
TOPIC: DOWRY DEATH

JAMIA MILLIA ISLAMIA

FACULTY OF LAW
SUBMITTED IN PARTIAL FULFILMENT OF
B.A.LL.B. (HONS.) THIRD SEMESTER

SUBMITTED TO: Prof. Pronami Dutta

SUBMITTED BY: Dhruv Victor

ACKNOWLEDGEMENT
Now that the project stands complete, I intend to place on record my gratitude towards all
without whom completing the project would have been nothing but out of question.

In the first place, I thank our lecturer of crimes, Prof. Pronami Dutta, as she has time and again
helped me, guided me throughout, and answered all the queries that I encountered while my
work relating to project was afoot.

Secondly, I thank the library staff who liaised with us in searching material relating to the
project.

Thirdly and finally, I thank the almighty for the monumental tacit support, which boosted my
morale and help me stay confident all through my work upon the project, placed forth by him.

TABLE OF CONTENTS

I. INTRODUCTION
II. DOWRY
CLASSIFICATION OF OFFENCE
COMMENTS
APPLICABILITY
BURDEN OF PROOF
DOWRY
IV. SECTION 304B AND SECTION 498 A DISTINCTIONS
SCOPE
UNNATURAL DEATH
V. DOWRY DEATH
VI. WHY DO DOWRY DEATH OCCURS
VII. DEMAND FOR DOWRY AND ILL TREATMENT
DEMAND OF MONEY
DRUNKNESS
OBJECT

VIII. SECTION 498 A VIS VIS- SECTION 113 OF EVIDENCE ACT

unhappiness between husband and wife

wilful conduct
IX. ESSENTIAL INGREDIENTS
expression soon before her death
presumption applicability
X. DOWRY AND THE LAW
XI. ANTI DOWRY LAWS
XII. CRUELTY OF WOMAN BY HUSBAND OR RELATIVES

XII. PRESUMPTION AS TO ABETMENT OF SUICIDE BY A MARRIED WOMAN

HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO
CRUELTY
EXPLANATION
CLASSIFICATION OF OFFENCE
COMMENT
XIII. DISTINCTION BETWEEN 113A AND 113B
XIV. DISAPPEARANCE OF EVIDENCE

Introduction
Legislation cannot by itself normally solve deep rooted social problems. One has to approach
them in other ways too, but legislation is necessary and essential, so that it may give that push
and have that educative factor as well as the legal sanctions behind it which help public opinion
to be given a certain shape. These are the words of late Prime Minister Jawaharlal Nehru.
Dowry system and the deaths associated with it is one such problem. Dowry system is an evil
which has been plaguing the society for centuries. It is a matter of grave concern considering its
ever increasing and disturbing proportions and the inability of the legislations to curb the
menace. This is what prompted the writers of this article to go deep into the problem and to
analyse the legal ambit and scope of various legislations enacted in this regard, especially
Section 113-B of Indian Evidence Act and Section 304-B of Indian Penal Code.
It isnt necessary to detail any statistics to establish the continuing and disturbing presence of
dowry deaths. Many times such deaths go unreported and often the guilty escape unscathed.
More often than not these deaths have come to be associated with dowry which is why in popular
1
parlance they are called dowry deaths. The term bride burning is also now in use as the victimwho is mostly a newly married woman-usually dies of burns in circumstances, which to say the
least, are highly suspicious. Most of these deaths are reported as accidental burns in the kitchen
or are disguised as suicides and are covered up. It is estimated that a woman is burned to death
almost every twelve hours in Delhi. These are official records which are immensely under
reported and the real number far exceeds the official entries. Bride burning, which is now a
1

Hughes, Sarah S. and Brady Hughes (1995). Women in World History: Readings from prehistory to
1500. M.E. Sharpe. pp. 209.

special sub-culture of crime against woman, has been on the increase and though a spate of cases
come to judicial courts for adjudication, umpteen cases lie dormant under debris of judicial
records. A 1997 report claim that at least 5000 women die every year because of dowry related
problems and at least a dozen die each day in kitchen fire thought to be intentional. Facts leading
to such deaths when unearthed are most unnerving and the frequency with which such deaths go
on occurring reveal the social, economic and psychological factors responsible for such
incidents. These factors are too deep-rooted and ingrained in our minds and in the social
condition that law and legislations alone cannot lasso the problem. Nevertheless, it is appropriate
to consider some legal aspects which are of direct relevance to such incidents.
Marriages are made in heaven indeed, but mothers- in law, sisters-in-law, husbands and other
relatives are being increasingly involved in breaking of wedlock for the lust of dowry. Dowry
death, murder- suicide, and bride burning are symptoms of peculiar social malady and are an
2
unfortunate development of our social setup. This development is peculiarly Indian, a black
plague spawned by the dowry system. During last few decades India has witnessed the black
evils of the dowry system in a more acute form in almost all parts of the country since it is
practiced by almost every section of the society. It is almost a matter of day- to- day occurrence
that not only women are harassed, humiliated, beaten and forced to commit suicide, to leave
husband, etc. tortured and ill treated but thousands are even burnt to death because parents are
3
unable to meet the dowry demands of in- laws or their husbands.
The law makers, taking the note of the seriousness and gravity of the problem of the dowry and
its cancerous growth on an unprecedented scale, took various legislative measures to plug the
loopholes in the law as well as to enact new provisions so as to make the law pragmatic and
effective.

Majumdar, Maya (2005). Encyclopaedia of Gender Equality Through Women Empowerment. Sarup
& Sons. pp. 7273
http://www.nationalrighttolifenews.org/news/2011/05/indian-man-accused-of-killing-wife-whorefused-to-abort-third-daughter.

The first step in the direction was the enactment of the Dowry Prohibition Act, 1961 (act 28 of
1961). The objects and reasons of enacting the act read as under:
In 1984 to make the law effective in order to control and eradicate the menace of dowry rampant
on a large scale, the parliament drastically amended the dowry prohibition act, 1961 vide the
dowry prohibition (amendment) act, 1984. Offences under the act have now been made
cognizable and a police officer can arrest the accused of demanding dowry without a warrant and
initiate criminal proceedings against the culprit. The penalty for demanding dowry has been
made more stringent besides many other significant changes, such as the establishment of family
court, etc. has been provided in the act.
DOWRY
Dowry is a social evil, and the greed for it is growing exponentially day by day. Even certain
communities in which dowry or asking for dowry was relatively less prevalent have succumbed
to this evil practice. Newspapers are replete with news items of young brides being tortured and
brutally burnt or poisoned due to unsatisfied dowry demands. Civil society is outraged by the
brutality of dowry to which women are subjected in their homes. Inspite of stringent punitive
measures, sections of society are still boldly pursuing this chronic evil to fulfil their greedy
desires. The survey conducted by SAFMA clearly brought out the fact that the practice of giving
and taking dowry pervades the entire population, irrespective of caste, creed or religion. Today,
besides cash and ornaments, refrigerators, air conditioners, automobiles and a whole range of
gadgets have become an integral part of dowry. In the survey conducted by SAFMA. The
respondents clearly admitted having been given dowry by their parents, at the time marriage.
About 70% said it was in the form of household items 35% said it was in the form of cash and
about 20% said it was in the form of a vehicle.
The ordeal of getting a daughter married off has assumed grotesque proportions and female
4
feticide and infanticide are among its manifestation. No less to blame, are the parents of the girl
4

Majumdar, Maya (2005). Encyclopaedia of Gender Equality Through Women Empowerment. Sarup
& Sons. pp. 74

who frequently give dowry beyond their means, borrowing if necessary, since they believe
5
thereon prestige is at stake. Ironically the girl is rarely asked her opinion in these transactions.
The bitter truth is that in most cases of dowry deaths the girl had reportedly apprised her parents
of her condition and torture, but the presumed social stigma of having a married daughter return
to her parental home, make them unwilling to take her back.
Pertinent to mention here is the concept of Streedhan which has often been confused with dowry.
Streedhan literally means a womens property.
Kane (p.777) refers to Devala and Manu. Devala quoted as saying that the different forms of
Streedhan are for the women alone: the husband cannot lay claim accept in time of distress.
Manu (9.200) warns that a husband heir wills incure a sin if the divide the ornaments worn by a
6
women during the husbands lifetime. Whoever it is not uncommon to find a womans
ornaments being misappropriated by her in laws. There is no straight jacket formula distinguish
between dowry and Streedhan. Retention of streedhan by the in laws attracts section 406 IPC and
giving and taking of dowry attract provision of dowry prevention act. The law is in favour of the
women, if she and her parents sat it is Streedhan it is Streedhan, and if they say it is dowry it is
dowry, that is all. There is no record of either. However, rules framed under dowry prevention act
clearly require preparation of present list at the earliest, which is to be signed by the both parties.
This is rarely ever done. In the earlier days, families ensured that proper lists and accounts were
prepared while the dowry itself was put on display at a formal function, for all the relatives to
take note of so there were numerous witnesses to the transaction. Today, no lists are signed and
most of the giving and receiving is shrouded in secrecy and made known only through whisper
networks within the social circle.
With the aim to check the growing menace of the social evil of dowry the dowry prohibition act,
1961 was enacted; making it punishable not only the actual receiving of dowry but also the very
demand of dowry made before, or after the marriage where such demand is preferable to the
Ibid.
Menski, Werner (1998). South Asians and the Dowry Problem. Trentham Books. pp. 119

consideration of marriage. The act has been amended numerous times and the salient feature of
the amended act vides act no 43 of 1986 include:
Minimum punishment for taking or abetting the taking of dowry has been raised to five years and
a fine of not less than rupees fifteen thousand.
The burden of proving that there was no demand for dowry will be on the person who takes or
abets the taking of dowry (section 8 A)
Dowry is forbidden but gifts are allowed.
The provision of the act cannot be invoked against the giving of presents at the time of marriage
to the bride without any demand having been made provided that such presents are entered in a
list in writing, containing a brief description of each present; the approximate value of the
present; the name of the person who has given the present; and where the person giving the
present is related to the bride or bridegroom, a description of such relationship. The said list shall
be signed by both the bride and the bridegroom as per the dowry prohibition (maintenance of
lists of presents to the bride and bridegroom) rules, 1985.
Any advertisement in any newspaper, periodical, journal or any other media by any person
offering any share in his property or any money in consideration of the marriage of his son or
daughter is banned. The person giving such advertisement, and the printer or publisher of such
advertisement will be liable for punishment with imprisonment of six months to five years or
with fine of up to rupees fifteen thousand.
Offences under the act are made non- bail sxable and non-compoundable (section8).
Provision has also been made for appointment of dowry prohibition officers by the state
government for effective implementation of the act. The dowry prohibition officers will be

assisted by advisory board consisting of not more than five social welfare workers (out of whom
7
atleast two shall be women).
Consequently the legislator introduced an amendment in 1983 in the Indian penal code by
introducing a new section 498a relating to cruelty to married women. By an amendment in 1986
the offence of dowry death was also inserted as section 113 relating to presumption of abetment
of suicide.
The role of the court is undoubtedly important in interpreting any statute. Thankfully the courts
have always have always upheld the object which the statute seeks to achieve while interpreting
any of the provisions of the act. However, there is an increasing tendency among parents of the
girl who in their anxiety to get the boys family convicted, rope in all relation of the in laws in
dowry complaint. This tendency strongly criticized and discouraged by the courts, tends to
frivolise the issue and is likely to affect the case of the prosecution of the real culprits. In fact the
Supreme Court has observed (Bhagwan Das vs. Kartar Singh and others 2007 (7) SCALE 167) it
often happens that there are disputes and discords in the matrimonial home and a wife is often
harassed by the husband or her in laws. However, mere harassment of wife by husband due to
differences per se does not attract section 306, if the wife commits suicide but if the suicide was
due to demand of dowry soon before her death then section 304B IPC may be attracted, whether
it is a case of homicide or suicide.
CLASSIFICATION OF OFFENCE
PunishmentImprisonment of not less than 7 years but which may extend to imprisonment for
lifeCognizableNon-bailableTriable by Court of SessionNon-compoundable.
Applicability
It was argued that the husband or any of his relative could be guilty of the offence only if he or
she directly participated in the actual commission of the offence. This contention was rejected by
the Andhra Pradesh High Court. It observed that in its real import, section 304B of the Indian
7

Menski, Werner (1998). South Asians and the Dowry Problem. Trentham Books. pp. 165.

Penal Code would be applicable if cruelty or harassment was inflicted by the husband on any of
his relative for, or in connection with demand for dowry, immediately preceding the death by
bodily injury or by burning. In short she should have died in abnormal circumstances within
seven years of the marriage. In such circumstances the husband or the relative, as the case may
be, will be deemed to have caused her death and will be liable to punishment; Vadde Rama Rao
v. State of Andhra Pradesh, 1990 Cr LJ 1666.
Burden of Proof
The prosecution under section 304B of Indian Penal Code cannot escape from the burden of
proof that the harassment to cruelty was related to the demand for dowry and such was caused
soon before her death. The word dowry has to be understood as it is defined in section 2 of
the Dowry Prohibition Act, 1961. Thus, there are three occasions related to dowry, i.e., before
marriage, at the time of marriage and at an unending period. The customary payment in
connection with the birth of child or other ceremonies, are not involved within ambit of dowry;
Satvir Singh v. State of Punjab, AIR 2001 SC 2828: (2001) 8 SCC 633.
Dowry
(i) Where the evidence revealed that accusedhusband killed deceasedwife for not satisfying
his dowry demand but nothing on record to show involvement of co-accused in-laws with the
offence committed by the accused, co-accused in-laws are not guilty of offence under sections
304B; Patil Paresh Kumar Jayanti Lal v. State of Gujarat, 2000 Cr LJ 223 (Guj).
(ii) The parties were married on 24-5-1962. After staying in the matrimonial home for two months,
she returned to her parents house and told them that her husband wanted a television set and a fridge.
Her father gave her a sum of Rs. 6,000 and she left for the matrimonial home. Her husband again
demanded a sum of Rs. 25,000 for purchasing a plot. Thereafter the husband took his wife to her
parents home saying that he would not take her back unless a sum of Rs. 25,000 was paid to him.
After one year he took her back but he did not give up the demand for Rs. 25,000. Soon thereafter
she left for her parents home and came back with a sum of Rs. 15,000 with a promise that the rest of
the amount would be paid later on. In her husbands home she died

of strangulation. The trial court found the accused guilty. The death of the deceased took place
within seven years of marriage and persistent demands of dowry were made on her and she died
8
under mysterious circumstances. The trial court framed charge under section 304B. The
Supreme Court held that no ground for quashing the charge was made out; Nem Chand v. State
of Haryana, (1994) 3 Crimes 608 (SC).
Section 304B and Section 498A - Distinction
Section 304B is a substantive provision creating a new offence and not merely a provision
effecting a change in procedure for trial of a pre-existing substantive offence. As a consequence,
accused cannot be tried and punished for the offence of dowry death provided in section 304B
with the minimum sentence of seven years imprisonment for an act done by them prior to
creation of the new offence of dowry death; Soni Devrajbhai Babubhai v. State of Gujarat, 1991
9
Cr LJ (313) (SC).
Scope
(i) A perusal of section 304B clearly shows that if a married woman dies otherwise than under
normal circumstances within seven years of her marriage and it is shown that soon before her
death she was subjected to cruelty or harassment by her husband or any relative of her husband
in connection with demand for dowry, such death shall be called dowry death and such
husband or relative shall be deemed to have caused the death. The conditions precedent for
establishing an offence under this section is as follows:
(a) that a married woman had died otherwise than under normal circumstances; (b) such death
was within seven years of her marriage; and (c) the prosecution has established that there was
cruelty and harassment in connection with demand for dowry soon before her death; Baljit Singh
State of Haryana, AIR 2004 SC 1714: (2004) 3 SCC 122.

10

Offence under section 304B of the Indian Penal Code is triable by the Court of Session. It is a
cognizable and non-bailable offence. The minimum punishment for the offence is seven years
Times of india, Friday 01/02/2008,pp 1/6kucknow.
Soni Devrajbhai Babubhai v. State of Gujarat, 1991

; Baljit Singh v. State of Haryana, AIR

imprisonment which may extend to life imprisonment. Section 304B applies not only when death
is caused by her husband or in-laws but also when death occurs unnaturally whoever might have
caused it. The section will apply whenever the occurrence of death is preceded by cruelty or
harassment by husband or in-laws for dowry and death occurs in unnatural circumstances. It may
be emphasized that occurrence of death in such circumstances is enough though death might not
have been in fact caused by the husband or in-laws. Thus the intention behind the section is to
fasten death on the husband or in-laws though they did not in fact caused the death. Thus a
fiction has been created. It is because in these circumstances, the misery and agony created
thereby which compels the unfortunate married woman to end her life; Premwati v. State of Uttar
11
Pradesh, 1991 Cr LJ 263.
Unnatural death
In-laws insisted dowry demands on one married young woman. Ultimately, it appeared that she
was done to death and her body was cremated without sending any information to her parents or
any relatives. The Supreme Court held that, if it was natural death, there was no need for the
appellants to act in such unnatural manner and cremate the body in great and unholy haste
without even informing the parents. In the result it was an unnatural death, either homicidal or
suicidal. But even assuming that it is a case of suicide even then it would be death which had
occurred in unnatural circumstances. Even in such a case, section 304B is attracted and this
position is not disputed. Therefore, the prosecution has established that the appellants have
committed an offence punishable under section 304B beyond all reasonable doubts; Shanti v.
12
State of Haryana, AIR 1991 SC 1226.

DOWRY DEATH (304B)

Premwati v. State of Uttar Pradesh, 1991 Cr LJ 263

Shanti v. State of Haryana, AIR 1991 SC 1226

Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than
under normal circumstances within seven years of her marriage and it is shown that soon before
her death she was subjected to cruelty or harassment by her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death shall be called dowry
death and such husband or relative shall be deemed to have caused her death.
Whoever commits dowry death shall be punished with imprisonment for a term which shall not
be less than seven years but which may extend to imprisonment for life.
Dowry prohibition act, 1961 definition of dowry- In this act, dowry means any property
or valuable security given or agreed to be given either directly or indirectlyBy one party to a marriage to the other party to the marriage ; or
By the parents of either party to a marriage or by any other person, to either party to the marriage
or to any other person,
At or before (or any time after the marriage) in connection with the marriage of the said parties,
but does not include dower or Mahr in the case of persons to whom the Muslim personal law
(Shari at) applies.

CASES:
Ram Badan Sharma vs. state of Bihar 2006(8) SCALE 210

13

Where it is proved that it was neither a natural death nor an accidental death, then the obvious
conclusion has to be that it was an unnatural death either homicidal or suicidal. But, even
assuming that it is a case of suicide, even then it would be death which had occurred in
unnatural circumstances. Even in such a case, section 304 B IPC is attracted.

13

Ram Badan Sharma vs. state of Bihar 2006(8) SCALE 210.

In appeal before the Supreme Court the council for the appellants submitted that there was no
evidence to sustain the conviction of the appellants under section 304b and 201 ipc nor was there
any material on record to attract section 113b of the evidence act. It was also submitted that the
high court erred in not applying the strict test before relying on the circumstantial evidence to
pass the verdict of conviction. And also that the high court was not correct in rejecting the
14
testimony of the doctor, dw3.
The Supreme Court observed that on closely examining the evidence, the conclusion regarding
guilt of the accused persons was irresistible. There was an overwhelming evidence to establish
that there had been persistent demand of dowry and because of non fulfillment of the said
demand there was harassment, humiliation and continuous beating of the deceased by the
accused persons. In the instant case, the brother in law of the deceased (sisters husband), at the
th
instance of his mother in law visited the deceased to enquire about her welfare on the 17
November. Initially the accused did not even permit him to meet her on the ground until their
demands for dowry were fulfilled; they would not permit anyone to meet her. On persuasion, he
was ultimately allowed to meet the deceased. The deceased narrated to him that she was being
harassed because the demand of dowry were not fulfilled. Immediately thereafter, he narrated the
entire story to the brother and mother of the deceased. It was extremely significant that within a
few hours, poison was administered to the deceased in the Prasad and she died in the intervening
th
th
night of the 17 and 18 . The most suspicious circumstance which supported the story of the
prosecution was that the news of the death of the deceased was not sent to the parents of the
deceased who were living only a few miles away from the village of the accused. The accused
persons clandestinely, secretly and hurriedly cremated the deceased without informing the
factum of death to the parents of the deceased. This circumstance strongly proved and lent
immense credibility to the prosecution version.

14

Ibid.

The Supreme Court noted the three main ingredients of an offence under 304B IPC namely that
There is demand of dowry and harassment by the accused on the court;
That, the deceased died; and
That, the death is under unnatural circumstances within seven years of marriage. When these
factors are proved by the reliable and cogent evidence, then the presumption of dowry death
under section 113b of the evidence act clearly arises. The aforementioned ingredients necessarily
attract section 304b IPC. Section 304b is a special provision which was inserted by an
amendment of 1986 to deal with a large number of dowry deaths taking place in the country. The
Supreme Court held that in the instant case, if the circumstances were analyzed on the touch
stone of section 304b IPC, all the three basic ingredients were present. There has been persistent
demand of dowry and harassment, humiliation and physical violence and beating by the husband
and her in laws. The deceased died under unnatural circumstances within seven years of the
marriage.
The Supreme Court opined that the court below had properly analyzed the evidence and justly
convicted the appellants under section 304b IPC.
Regarding the conviction of the appellants under section 201 IPC the Supreme Court observed
that according to the prosecution, the deceased was killed by administering poison to her in the
th 15
intervening night of 17th and 18 . Neither the deceased was not taken to any doctor nor was
any doctor called to examine her nor any kind of medical treatment given to the deceased. This is
extremely unnatural human conduct. The dead body was secretly and clandestinely cremated
causing disappearance of evidence of offence, without even intimating the parents of the
deceased who were living only few miles away from their village. They learnt about the murder
of the deceased from a barber after about three days. The appellant secretly and clandestinely
cremated the deceased to wipe out the entire evidence of murder. The Supreme Court held that
section 201 IPC was clearly attracted.
15

Nazzari, Muriel (1991). Disappearance of the Dowry: Women, Families, and Social Change in So
Paulo, Brazil (1600-1900). Stanford University Press. pp. 657.

Referred to were the following important cases dealing with section 304 ipc and section 113 of
the Indian evidence act:
Soni Devraj Bhai Babubhai vs.State of Gujarat and others [(1991) 4 scc 298],

16

The Supreme Court dealing with the object and philosophy behind enactment of section 304b ipc
mentioned that section 304b and the cognate provisions were meant for eradication of the social
evil of dowry which has been the bane of Indian society and continues unabated. For eradication
of social evil, effective steps can be taken by the society itself and social sanctions of community
can be more deterrent, yet legal sanction in the form of its prohibition and punishment are some
steps in that direction.
17

Hem Chand vs. State of Rajasthan [(1994) 6 SCC 727] dealt with were the basic ingredients
of section 304b ipc and sec 113 of the evidence act. It was observed that a reading of section
304b ipc would show that when a question arises whether a person has committed the offence of
dowry death of a woman what all is necessary to be shown was that soon before her unnatural
death, which took place within seven years of the marriage, the deceased has been subjected, by
such person, to cruelty or harassment for or in connection with demand of dowry. If that was
shown then the court shall presume that such person has caused the dowry death. It can therefore
be seen that irrespective of the fact whether such person was directly responsible for the death of
the deceased or not by the virtue of presumption, he was deemed to have committed the dowry
death, if there were such cruelty or harassment and that if the unnatural death has occurred
within seven years from the death of marriage. Likewise there is a presumption under section
113b of the evidence act as to dowry death. It lays down that the court shall presume that the
person who has subjected the deceased wife to cruelty before her death accused the dowry death
if it is shown that before her death, such woman hs been subjected by the accused, to cruelty or
harassment in connection with any demand for dowry. Practically this is the presumption that has
been incorporated in section 394b ipc also. It can be therefore seen that irrespective of the fact

Soni Devraj Bhai Babubhai vs.State of Gujarat and others [(1991) 4 scc 298],
Hem Chand vs. State of Rajasthan [(1994) 6 SCC 727]

whether the accused has any direct connection with the death or not, he shall be presumed to
have committed dowry death provide the other requirements mentioned above are satisfied.
In case where it is proved that it was neither a natural death nor an accidental death, then the
obvious conclusion has to be that it was an unnatural death either homicidal or suicidal; even
then it would be death which had occurred in unnatural circumstances. Even in such a case,
section 304b ipc is attracted.
18

Hira Lal and others vs. state (govt. of nct), Delhi[(2003) 8 scc 80] it was reiterated that
section 304 b ipc and section 113 of the evidence act were inserted with a view to combat the
increasing menace of dowry deaths. The Supreme Court observed that the prosecution has to rule
out the possibly of a natural or accidental death so as to bring it within the purview of the death
occurring otherwise than in normal circumstances. The expression soon before is relevant for
invoking section 304 b ipc and section 113 evidence act.
Dhian singh and another vs. state of Punjab 2004 (7) scale 304

19

The Supreme Court observed that in the instant case, it had been proved that the woman died of
burn injuries and it was not under normal circumstances. The evidence also showed that the
husband caused harassment, which is why she could not live in the matrimonial home and started
staying with her parents.
Section 113b of the evidence act enables the court to draw presumption in such circumstances.
To the effect that, when the question is whether the person has committed the dowry death of a
woman and it is shown that soon before her death such woman has been subjected by such
person to cruelty or harassment or in any connection with any demand of dowry, such person
shall be deemed to have caused the dowry death. The contention of the appellant council was that
even if it is proved that soon before her death and there must be proximate connection between
the alleged cruelty and the death of the deceased.
Hira Lal and others vs. state (govt. of nct), Delhi[(2003) 8 scc 80]
Dhian singh and another vs. state of Punjab 2004 (7) scale 304

The Supreme Court held that it is true that the prosecution has to establish that there must be
nexus between the cruelty and the suicide and the cruelty meted out must have induced the
victim to commit suicide. The evidence showed that the appellant had demanded dowry and he
has sent her away from his house and only after the mediation she was taken back to appellants
house and death happened within a period of two months thereafter. These facts clearly showed
that the suicide was the result of the harassment or cruelty meted out to the deceased. The
presumption under section 113b of the Indian evidence act could be invoked against the
appellant and the sessions court rightly found the appellant guilty of the offence punishable
under section 304b and 201 ipc.
Regarding the second appellant the paternal uncle. The Supreme Court did not find any illegality
in his conviction under section 201 ipc for causing disappearance of the evidence. It held
knowledge can be attributed to him that he knew well that an offence had been committed and he
caused disappearance of evidence.

REFER TO CASE NO. D15 UNDER SUB HEAD DISAPPEARANCE OR EVIDENCE

State of Karnataka vs Mv Manjunathogowdaand Anothers 2003(1) scale 30

20

The facts and circumstances under which the appellant got married with the deceased were
peculiar. When the boy with whom the marriage of the deceased was fixed did not turn up, the
appellant agree to marry her on the condition that dowry of R.S. 10,000/- and it was agreed that
the remaining sum of R.S 2000/ and three sovereigns of gold would be given after harvesting the
crop.
The session judge convicted the appellant under 302 but acquitted his mother and younger
21
brother. The high court upheld the acquittal and allowed the appeal by the appellant.
The Supreme Court held that the finding of the high court as perverse and against the weight of
evidence on record, which was not considered in its proper perspective. The Supreme Court
State of Karnataka vs Mv Manjunathogowdaand Anothers 2003(1) scale 30
Ibid.

observed that one should not fail to note that the witnesses were rustic villagers. It was difficult
to expect them to remember the events with mathematical precision after a lapse of more than
two years. It is a common knowledge that ordinarily human memories are apt to blur with the
passage of time. The witnesses were straightforward looking people, truthful and trustworthy.
Their testimony cannot throw out on the ground that it lacks spontaneity. Rejecting the high court
opinion that the prosecution witnesses failed to establish that there was an agreement to pay the
dowry; the supreme court held that in such a melee and keeping in view and circumstances in
which the marriage was solemnized it would utterly impossible to have a formal agreement,
which could be proved by oral evidence. Similarly the amount of dowry referred to by on
witness and not mentioned by the other, can be termed to be an omission due to passage of time,
cannot amount to major contradiction which formed the basis of impeaching the credibility of
witnesses.
The next most important question to be considered was whether the appellant was liable for
22
conviction under section 304b IPC.
The supreme court opined that in order to establish the offence under section 304b ipc the
prosecution is obliged to prove that the death of a woman is caused by any burns or bodily injury
or occurs otherwise than under normal circumstances, and such death occurs within seven years
of her marriage and it is shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband. Such harassment and cruelty must be
in connection with any demand of dowry.
The accused husband is examined under section 313 CrPC. The defence of the accused was total
denial therefore, the presumption as to dowry death envisaged under section 113 b of the
evidence act remained unrebutted. The Supreme Court opined that there was overwhelming
evidence against the accused with regard to the demand of the dowry and acceptance of a part of
dowry. The only question remained to be answered was as to whether deceased was subjected to
cruelty or harassment by the accused in connection with any demand of dowry soon before her

22

Supra.

death or not. To answer this question the Supreme Court referred to the testimony of the brother
and the father of the deceased. From their testimony it clearly appeared that soon before her
death she was subjected to cruelty or harassment in connection with the demand for dowry by the
husband. In absence of any record to show any settlement or resolution for balance of dowry
would continue till her death. Having regard to the entire facts and circumstances and evidence
on record to supreme court held that the offence under section 304B IPC was found to be well
established against the appellant.
Kalu ram vs. state of Rajasthan (2000) 10 SCC 324

23

In the present case both the trial court and high court relied on the two dying declarations and
came to the conclusion that it was the appellant husband who set his wife ablaze and causes her
death, and convicted him under section 302 IPC. It was an admitted case that the appellant was
in an inebriated stage when he approaches the deceased and demanded her ornaments. On her
refusing, he poured heroine on her and wanted her to light the match stick. When she failed to do
so, ignite the match stick but seeing her aflame, he suddenly and frantically poured water to save
her.
The Supreme Court held that this conduct cannot be seen divorced from the totality of
circumstances. Most probably he did not anticipate that the act done by him would have
escalated to such a proportion that she might die. If he has ever intended her to die he would not
have altered his senses to bring water in an effort to rescue her. All what the accused thought of
was to inflict burns on her and to frighten her, but unfortunately the situation slipped out of his
control. Therefore, the Supreme Court brought down the offence from the first degree murder to
culpable homicide not amounting to murder.
Why do dowry deaths occur?

23

Kalu ram vs. state of Rajasthan (2000) 10 SCC 324.

Why do dowry deaths occur? This was the central point of concern of a sociological study by
Nalini Singh based on a survey of the marriages of 38 young women, aged 17-24 years, in each
24
of which the wife died an unnatural death, reportedly due to harassment over dowry. She
suggested that it is primarily the societal perception of woman being less productive than man
that define woman's place in society. This manifests in what she calls "Zero-political Status", and
denial of basic civil rights to them. She observes that dowry is a clear affirmation of the fact that
one's gender determines one's worth or significance. Since worth is distributed unequally
amongst the sexes at birth, worth-deficiency amongst females can be offset by material additives
that are dowry. The roots of this worth deficiency of women are so deep-rooted that even the
brides who earn more than their husbands are made to feel an obligation to supply dowry goods
and services along after their marriage just as are the women who earn nothing.
The dowry deaths, therefore, she observes, do not occur because there is a mismatch between
25
gifts demanded by in-laws and presents received, but because young married women
customarily have no political significance in their new families. The continuous demand for
dowry is but one of the ways in which the deficient political status is exploited. This deficiency
is used to maltreat her in countless other ways too. Therefore, she says, the term 'dowry-deaths' is
a misnomer because dowry related harassment occurs as part of a larger mandate to oppress a
human with zero-political status. Dowry is hardly ever the single cause of so called dowry
deaths. In other words, even if demands for dowry were to be satisfied fully, young women
would continue to face torture and harassment in their in-laws homes because of their customsanctioned-inferiority that robs them of their basic human rights.
According to Nalini Singh, from the earliest days of a marriage the in-laws ruin the life of a bride
on the assumption that the young woman has surrendered her total being to them; she bends over
backwards to demonstrate that she has no political status, and slips in the bottom of the authority
structure; while her parents reassure her that self-effacement is virtuous in woman. If there is
Singh, Vijaita (May 1, 2012). "Only 18% dowry death cases end in conviction". Indian Express.
Retrieved May 13, 2012

"Dowry market: It is money, honey". The Times Of India. December 11, 2005.

much agreement on women's mute compliance with predetermined norms, then why are our
daughters dying in marriage? As revealed by Singh's survey, the truth is that young women do
not reconcile themselves to the complete absence of political significance in their affine family.
Yet they simulate absolute obedience, because that is what their fraudulent upbringing
26
recommends. This obedience is taken for the real things by those in authority over them. In
pursuance of in-law's perception that the bride's parents owe them an unlimited amount of dowry
(or Compensation), they, the in-laws, establish a conduit for this flow through the bride. Stripped
of a political locus stand, she cannot oppose this demand on grounds of injustice and appears to
exercise either one or both of the two options-one, she succumbs, and procures the demanded
goods from her parents (after initially deflecting some of the hard edge of the demand by
tolerating physical brutality herself), and two, she does not comply, clothing her stand with the
unsurrendered fragment of her persona. It is noteworthy, she states, that many women finally
adopt the second alternative at great personal risk, and high emotional cost, and offer sustained
resistance to demands for dowry.
This resistance proves extremely provocative to authoritarian family members of the husband's
27
family, not so much because of the monetary deprivation, but because of its real potential for
destabilizing the power structure which sanctions exploitative behavior within the family. The
young woman's subdued non-cooperation with the demand for extortion of dowry from her
parents might not be the solitary issue on which she resists blind authority, but there might be
some other issues, which expose her as opinionated, as for instance, the desire to work or study,
despite family opposition. All such actions are regarded as signals of disrespect and revolt. When
a young woman, who is a political amputee by tradition, resists prestigious traditions such as
dowry, she is a logical candidate for retaliation by the in-laws. Dowry death is a manifest
example of this retaliation by the flag-bearers of patriarchal authority. In some cases, the
retaliatory wrath of the in-laws expresses itself in murders of the young women by burning with

Majumdar, Maya (2005). Encyclopaedia of Gender Equality Through Women Empowerment. Sarup
& Sons. pp. 73.
"'Honour' killings, dowry deaths". The Nation. May 8, 2010.

kerosene (most frequent in urban areas) or drowning (common in rural areas). Other methods
employed to murder include poisoning and physical battery.
Demand for Dowry and Ill-treatment
The wife petitioned for divorce on the ground of persistent demand made on her by her husband
and in-laws. The High Court took the view that there was nothing wrong in these demands as
money was needed by the husband for his personal use and in such a case wife should extend
help. Reversing the judgment, the Supreme Court held that demand for dowry is prohibited under
28
the law. That itself was bad enough; Shobha Rani v. Madhukar, AIR 1988 SC 121; see also
Prakash Kaur v. Harijinderpal Singh, AIR 1999 Raj 46.

29

The husband and his parents were greedy people. Their desire for dowry was insatiable. They
went on demanding dowry even after two years of marriage, and since the parents of wife could
not meet these, they started ill-treating her with a view to coercing her parens to give dowry. The
Delhi High Court held that this amounted to cruelty; Adarsh Parkash v. Sarita, AIR 1987 Del
30
203.

Demand for money

Demand for money after four years of marriage for a specific purpose, no where related to
marriage demand but causing of harassment to deceased wife so much so that she was bound to
end her life is sufficient for conviction under section 498A; State of Punjab v. Daljit Singh, 1999
31
Cr LJ 2723 (P&H).
Drunkenness
Shobha Rani v. Madhukar, AIR 1988 SC 121;
Prakash Kaur v. Harijinderpal Singh, AIR 1999 Raj 46.

; Adarsh Parkash v. Sarita, AIR 1987 Del 203.

31

; State of Punjab v. Daljit Singh, 1999 Cr LJ 2723 (P&H).

No doubt drinking is a constituent of culture all over the world, and is almost a cult in certain
societies. Yet, even here as elsewhere a habit of excessive drinking is a vice and cannot be
considered a reasonable wear and tear of married life. No reasonable person marries to bargain to
endure habitual drunkenness, a disgusting conduct. And yet it is not an independent ground of
any matrimonial relief in India. But it may constitute treatment with cruelty, if indulged in by a
spouse and continued, in spite of remonstrances, by the other. It may cause great anguish and
distress to the wife who never suspected what she was bargaining for and may sooner or later
find living together not only miserable but unbearable. If it was so, she may leave him and may,
apart from cruelty, even complain of constructive desertion; Rita v. Brij Kishore, AIR 1984 Del
32

291.

Object
Section 498A was added with a view to punishing husband and his relatives who harass or
torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hypertechnical view would be counterproductive and would act against interests of women and against
the object for which the provision was added. There is every likelihood that non-exercise of
inherent power to quash the proceedings to meet the ends of justice would prevent woman from
settling earlier. That is not the object of Chapter XXA; B.S. Joshi v. State of Haryana, AIR 2003
SC 1386.
Section 498A vis-a-vis section 113 of Evidence Act
Section 498A of the Indian Penal Code or section 113A of the Indian Evidence Act has not
introduced invidious classification qua the treatment of a married woman by her husband or
relatives of her husband vis-a-vis the other offenders. On the other hand, such women form a
class apart whom from those who are married more than seven years earlier to the commission of
such offence, because, with the passage of time after marriage and birth of children, there are
remote chances of treating a married woman with cruelty by her husband or his relatives. Thus,
the classification is reasonable and has close nexus with the object sought to be achieved, i.e.,
32

Rita v. Brij Kishore, AIR 1984 Del 291.

eradication of the evil of dowry in the Indian social set-up and to ensure that the married women
33
live with dignity at their matrimonial homes; Krishan Lal v. Union of India, 1994 Cr LJ 3472.
Unhappiness between husband and wife
Where the prosecution relied only on incident of unhappiness of deceased with her husband and
the allegation was only in form of suggestion, it does not establish criminal offence under either
or both of the charges, hence conviction under section 498A is improper; State v. K. Sridhar,
34
2000 Cr LJ 328 (Kant).
Wilful Conduct
The allegations against the husband were that he abused and beat his wife, forced her to have a
common kitchen with a harijan family, accused her of adultery and of carrying in her womb
someone elses child, pressurizing her to agree for an abortion, and such other acts. This
amounted to a wilful conduct of cruelty towards wife; Rishi Kumar v. State of Haryana, Criminal
35
Appeal No. 335-B of 1985.
Essential ingredients
To attract the provisions of section 304B, one of the main ingredients of the offence which is
required to be established is that soon before her death she was subjected to cruelty and
harassment in connection with the demand of dowry; Prema S. Rao v. Yadla Srinivasa Rao,
36
AIR 2003 SC 11.
Expression soon before her death:

; Krishan Lal v. Union of India, 1994 Cr LJ 3472.

State v. K. Sridhar, 2000 Cr LJ 328 (Kant).

; Rishi Kumar v. State of Haryana, Criminal Appeal No. 335-B of 1985.

; Prema S. Rao v. Yadla Srinivasa Rao, AIR 2003 SC 11.

The expression soon before her death used in the substantive section 304B, I.P.C. and section
113B of the Evidence Act is present with the idea of proximity text. No definite period has been
indicated and the expression soon before her death is not defined. The determination of the
period which can come within the term soon before is left to be determined by the courts,
depending upon facts and circumstances of each case. Suffice, however, to indicate that the
expression soon before would normally imply that the interval should not be much between the
concerned cruelty or harassment and the death in question. There must be existence of a
proximate and live-link between the effect of cruelty based on dowry demand and the concerned
death. If alleged incident of cruelty is remote in time and has become stale enough not to disturb
mental equilibrium of the woman concerned, it would be of no consequence; Kaliyaperumal v.
37
State of Tamil Nadu, AIR 2003 SC 3828. See also Yashoda v. State of Madhya Pradesh, (2004)
3 SCC 98.

38

Presumption: Applicability
The presumption shall be raised only on proof of the following essentials:
The question before the court must be whether the accused has committed the dowry death of a
woman.
The woman was subjected to cruelty or harassment by her husband or his relatives.
Such cruelty or harassment was for, or in connection with, any demand for dowry.
Such cruelty or harassment was soon before her death.
Kaliyaperumal v. State of Tamil Nadu, AIR 2003 SC 3828.

39

(ii) In dowry death cases and in most of such offences direct evidence is hardly available and
such cases are usually proved by circumstantial evidence. This section as well as section 113B of
the Evidence Act enact a rule of presumption, i.e., if death occurs within seven years of marriage
in suspicious circumstances. This may be caused by burns or any other bodily injury. Thus, it is
obligatory on the part of the prosecution to show that death occurred within seven years of
Kaliyaperumal v. State of Tamil Nadu, AIR 2003 SC 3828

Yashoda v. State of Madhya Pradesh, (2004) 3 SCC 98.

39

Ibid.

marriage. If the prosecution would fail to establish that death did not occur within seven years of
40
marriage, this section will not apply; Ratan Lal v. State of Madhya Pradesh, 1994 Cri LJ 1684 .
See also, N.V. Satyanandam v. Public Prosecutor, AP High Court, AIR 2004 SC 1708.

41

DOWRY AND THE LAW

To prohibit the demanding, giving and taking of Dowry, the Dowry Prohibition Act, 1961 is in
force since 1st July 1961.
To stop the offences of cruelty by husband or his relatives on wife, Section 498-A has been
added in the Indian Penal Code, and Section 198-A has been added in the Criminal Procedure
Code since the year 1983.
In the case of suicide by a married woman, within 7 years from the date of her marriage, the
Court may presume that such suicide has been abetted, encouraged by her husband or his
relatives. Provision to this effect has been added in the Indian Evidence Act, by adding Section
113-A since the year 1983.
The object in forming the Dowry Prohibition Act and adding provisions in the Indian Penal
Code, the Criminal Procedure Code and the Indian Evidence Act is to remove the evil of dowry
system and give protection to women.
Because of the Dowry Prohibition Act, a person who gives or takes, or helps in the giving or
taking of dowry can be sentenced to jail for 5 years and fined Rs.15,000/- or the amount of the
value of dowry, whichever is more. Because of the Dowry Prohibition Act, to give or to agree to
give, directly or indirectly, any property or valuable security, in connection with a marriage is
prohibited. The giving of or agreeing to the giving of any amount either in cash of kind, jewelry,
articles, properties, etc. in respect of a marriage is absolutely prohibited by the Dowry
prohibition Act.

Ratan Lal v. State of Madhya Pradesh, 1994 Cri LJ 1684.

, N.V. Satyanandam v. Public Prosecutor, AP High Court, AIR 2004 SC 1708.

Because of the Dowry Prohibition Act, even the making of a demand for dowry also is now
prohibited and it is punishable with imprisonment of 5 years and a fine of Rs.10,000/-.
Because of the Dowry Prohibition Act, now nobody can advertise to give money or share in his
property as a consideration of the marriage.
Because of the Dowry Prohibition Act, an Agreement between the parties, to give or to take
dowry, is considered as void and cannot be enforced in law and the person who has received
42
dowry is liable to return it to the wife.
Genuine presents offered to the Bride or to the Bridegroom, at the time of the marriage, are
however not prohibited by this Act. The giving of such presents however must be customary. The
value of such presents, however, should not be excessive, compared to the financial status of the
parties giving such presents. A list of such presents is also required to be maintained wherein the
name of the person who has given the present, his relationship with the Bride or Bridegroom,
description of the presents given and the value of the presents is to be mentioned and that list has
43
to be signed by both the Bride and the Bridegroom.
The demanding of dowry itself is a cruel act and can be a ground of Divorce. A husband or his
relatives can be punished for behaving cruelly with the wife by demanding dowry and can be
sentenced for 3 years imprisonment and also fined. Harassment of a woman for dowry is now a
criminal offence and ill treatment of a woman for dowry can also be punished.
On account of the Dowry Prohibition Act, a wife or her relatives can now take recourse of law
and if dowry is demanded or a wife is harassed on account of dowry, the persons doing so can be
punished.
Unfortunately, despite all these legislations, ill treatment of women in our society still continues.
The system of dowry, the evil of dowry still exists. Dowry deaths and Dowry suicides still
happen every day. Pick up any newspaper and you will find a case of dowry death or a dowry
suicide or harassment of a woman on account of dowry. What is surprising is, that such demand
"A satire on weddings, dowry and 'match-making aunties
Supra.

of dowry, such harassment for dowry, dowry deaths and dowry suicides are even found in the
affluent and educated society. However, the purpose of legislature in making the Dowry
Prohibition Act and amendments to other acts is not lost. On account of such laws, the evils of
dowry have definitely come under control. Cases of harassment to wife have reduced and have
come to light on account of these laws.
Few years ago, when these laws were not in force, particularly when the Dowry Prohibition Act,
1961 had not been enacted, there was no remedy for a harassed wife or her parents against the
demand for dowry. The numerous cases about the dowry death or harassment on account of
dowry which you now read in the Newspapers have come to light because of these laws. If these
laws had not been made, a troubled wife or her relatives would not have been in a position to
complain against the demand for dowry or the taking of dowry. The evil of dowry has definitely
been brought under control to a very great extent by these laws and these laws definitely provide
great relief to a wife.
Husbands, however, complain that these laws are being misused and that on account of these
laws, wives or their parents make false complaints against the husband and his family members
just to harass them. Many times, when a husband files a petition for divorce, the wife or her
parents take recourse under the Dowry Prohibition Act and lodge false complaints, under that
Act, against the husband or his parents, so as to pressurize the husband. Well, every coin has two
sides. It cannot be denied that, at times, the Dowry Prohibition Act is being misused. But this
Law has certainly helped the bride and has reduced the evil of Dowry.
Unless there is a strong awareness in the minds of the people, unless the entire society believes
that dowry is an evil, unless the entire society objects to the demand for dowry, unless every
mother-in-law thinks that at one time she too was a daughter-in-law, unless every mother thinks
that the treatment which she gives to her daughter-in-law can also be received by her own
daughter, the evils of dowry will remain in society. The Law definitely helps to prevent the evil
of dowry but to make the Law effective and fruitful, people should follow the Law and see that
dowry demands are not made and dowry deaths do not occur. A word of advice: One should not
treat Marriage as a lottery. After all "The Love of money is the root of all evil".

ANTI-DOWRY LAWS:
The serious consequences of this evil system drew legislatures attention first in the states of
Bihar and Andhra Pradesh and consequently they passed laws restraining this system. The central
legislature, in order to prohibit the demanding, giving and taking of dowry, finally came up with
legislation in 1961 popularly known as the Dowry Prohibition Act.
However, this act proved to be a toothless piece of legislation and women continued to be
slaughtered in the name of dowry demands. To make the legislation effective further
st
amendments were introduced in 1984 and 1986. The 91 report of the Law Commission of India,
44

published in the year 1983, recommended certain provisions in IPC, CrPC and Indian Evidence
Act to combat this social evil. The 1984 amendment defined dowry as in connection with the
marriage replacing original words as consideration of marriage. Further, the 1986 amendment
includes the property given at any time after the marriage. These provisions have strengthened
the efforts to eradicate the dowry evil. The Act of 1961, irrespective of any religion is applicable
on each and every person within Indian Territory and has made even the demand of dowry a
culpable offence.
Thus, in current scenario, to uproot the menace of Dowry tradition various anti-dowry provisions
have been incorporated under civil laws, criminal laws and special legislative Acts. Some of the
relevant Anti-Dowry laws are:
Section 498-A of IPC: It made cruelty by the husband or his relatives punishable with
imprisonment up to three years.
Section 304- B of IPC: It defines Dowry Death.
Section 113-B of Indian Evidence Act: It provides presumption as to dowry death.

Section 174 and 176 of CrPC: It provides for the investigations and inquiries into the causes of
unnatural deaths, by the police and magistrate respectively.
CRUELTY OF WOMAN BY HUSBAND OR RELATIVES

44

498A, I.P.C.

. The 91st report of the Law Commission of India, published in the year 1983,

When her husband or his family members subject the woman to cruelty or harassment.
Section 498 A. whoever, being the husband or the relative of the husband of a woman subjects
such woman to cruelty, shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine.

CASES:
k. Prema s. Rao and Anothers vs. Yadla Srinivasa Rao and Others 2002 (8) scale 153.

45

In the instant case, the accuse pressurized and harassed the deceased to part with the land
received by her from her father as stridhana. As a method adopted for harassment the postal
mail of her relatives sent to her was suppressed by the husband who was in a position to do so,
being a branch post master in the village. When the letters were discovered by wife and she
handed them over to her father she was derived outside the house. This cruel conduct of the
husband led the wife to commit suicide. The supreme court held that the trial court and high
court were, therefore, perfectly justified on this evidence to hold the accused guilty of the offence
of cruelty under section 498 A. as a result of such cruel treatment the wife was driven to
commit suicide punishable under section 306A, IPC was clearly made out against accused NO.1
and for that purpose presumption under section 113A of the evidence act could be raised against
him.
State vs. Maregowda and others 2001 CRLJ 4491

46

The high court of Karnataka placed reliance on the suicide note and held that a clear case was
made out for an offence under section 498a of the IPC. Referred to was the decision in state of
Karnataka vs. h. S Srinivasa [ 1996 cri LJ3103], where supreme court defining cruelty stated that

k. Prema s. Rao and Anothers vs. Yadla Srinivasa Rao and Others 2002 (8) scale

State vs. Maregowda and others 2001 CRLJ 4491

the expression cruelty postulates such a treatment as to cause reasonable apprehension in the
mind of the wife that her living with the husband will be harmful and injurious to her life. To
decide the question of cruelty the relevant factors are, the matrimonial relationship between
husband and wife, their cultural and temperamental state of life, state of health and their
interaction in daily life.
The high court held that the definition of cruelty was much wider and not confined to dowry
harassment. The evidence of the witnesses clearly indicated that the deceased was assaulted and
ill treated by her husband. The must clinching evidence was the suicide note. It can never be
discounted (as it was wrongly done by the trial court) since, it clearly stated that the husband was
the main cause for the deceased committing suicide, in it she had stated the difficulty which she
faced should never come to anybody else. She also stated that her daughter should get half the
share in the property of her husband. The handwriting of the deceased had been identified by the
father and other relations. There was no reason whatsoever to disbelieve the witnesses. Further
the Tahsildar stated that the suicide note or dying declaration was seized from the jacket of the
deceased during inquest.
The high court observed that there were conscious of the fact that they were dealing with an
appeal against acquittal and if two views were possible, the benefit of doubt go to the accused.
Referred to was the decision in state of Uttar Pradesh vs. Krishna Gopal and another[ air 1988
47
sc 2154], where supreme court held that a reasonable doubt is not an imaginary, trivial or a
merely possible but a fair doubt based upon reason and common sense. It must grow out of the
evidence in the case. Forensic probability must in the last analysis rest on rebust common sense
and ultimately on the trained institutions of the judge. Having regard to the above said principles
in appeal against acquittal, the high court held that they had no hesitation that the judgments of
the trial court was palpably erroneous and contrary to law and the husband was guilty for an
offence under section 498A IPC.
113A. Presumption as to abetment of suicide by a married woman

47

in state of Uttar Pradesh vs. Krishna Gopal and another[ air 1988 sc 2154],

Section 498A. Husband or relative of husband of a woman subjecting her to cruelty.

[498A. Husband or relative of husband of a woman subjecting her to cruelty.Whoever, being
the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be
punished with imprisonment for a term which may extend to three years and shall also be liable
to fine.
Explanation
For the purpose of this section, cruelty means
Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide
or to cause grave injury or danger to life, limb or health (whether mental or physical) of the
woman; or
harassment of the woman where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable security or is on account
of failure by her or any person related to her to meet such demand.]
CLASSIFICATION OF OFFENCE
PunishmentImprisonment for 3 years and fine Cognizable if information relating to the
commission of the offence is given to an officer in charge of a police station by the person
aggrieved by the offence or by any person related to her by blood, marriage or adoption or if
there is no such relative, by any public servant belonging to such class or category as may be
notified by the State Government in this behalfNon-bailableTriable by Magistrate of the
first classNon-compoundable.
Comments
When the question is whether the commission of suicide by a woman had been abetted by her
husband or any relative of her husband and it is shown that she had committed suicide within a
period of seven years from the date of her marriage and that her husband or such relative of her
husband had subjected her to cruelty, the court may presume, having regard to all the other

circumstance s of the case, that such suicide had been abetted by her husband or by such relative
of her husband.
Explanation For the purposes of this section, "cruelty" shall have the same meaning as in
section 498 A of the Indian Panel Code (45 of 1860).
A person is guilty of abetment when
He instigates someone to commit suicide (or)
He is part of a conspiracy to make a person commit suicide.(or)
He intentionally helps the victim to commit suicide by doing an act or by not doing something
that he was bound to do.

In this view of the matter, we are of the opinion that no case has been made out for interference
with the impugned judgement.The core question which has been raised for our consideration in
this appeal is as to whether a case had been made out for application of Section 113B of the
Indian Evidence Act (the Act).
The Parliament by Act No.46 of 1983 and Act No.43 of 1986 inserted Sections 113A and 113B
in the Act. They read as under: 113A. Presumption as to abetment of suicide
By a married woman. When the question is
Whether the commission of suicide by a woman
Had been abetted by her husband or any relative of her husband and it is shown that she had
committed suicide within a period of seven years from the date of her marriage and that her
husband or such relative of her husband had subjected her to cruelty, the Court may presume,
having regard to all the other circumstances of the case, that such suicide had been abetted by her
husband or by such relative of her husband.
Explanation.-For the purposes of this section, "cruelty" shall have the same meaning as in
section 498A of the Indian Penal Code (45 of 1860).
113B. Presumption as to dowry death.When the question is whether a person has committed the
dowry death of a woman and it is shown that soon before her death such woman has been
subjected by such person to cruelty or harassment for, or in connection with, any demand for
dowry, the Court shall presume that such person had caused the dowry death.
Explanation.-For the purposes of this section
"Dowry death" shall have the same meaning as in section 304B, of the Indian Penal Code (45 of
1860). Section 113A of the Act relates to offences under Sections 498-A and 306 of the Code,
whereas Section 113B relates to Section 304-B thereof. Whereas in terms of Section 113A of the
Act, the prosecution is required to prove that the deceased was subjected to cruelty, in terms of
Section 113B, the prosecution must prove that the deceased was subject by such person to
cruelty or harassment for, or in connection with, any demand for dowry.

Kishangiri Mangalgiri Goswami vs State Of Gujarat on 28 January, 2009

50

Challenge in this appeal is to the judgment of a Division Bench of the Gujarat High Court
upholding the conviction of the appellant for offences punishable under Sections 306 and 498-A
of the Indian Penal Code, 1860 (in short the `IPC') and Section 3 of the Dowry Prohibition Act,
1961 (in short `DP Act'). Learned Additional Sessions Judge, Court No.9, Ahmadabad City
imposed sentences of 3 years, 10 years and 5 years respectively for the aforesaid offences and
fine of Rs.5,000/-, Rs.20,000/- and Rs.20,000/- with default stipulations.
Prosecution version in a nutshell is as follows: The accused married Kantaben (hereinafter
referred to as the `deceased') in 1989. Soon after two years of his marriage, the accused started
inflicting mental and physical torture on her and she was taunted by the accused for not bringing
sufficient dowry in the marriage. He also demanded from the victim an amount of Rs.40, 000/-for
the purpose of purchasing a house. He even wrote letters to the in-laws and demanded Rs.
40,000/- for purchasing the house. The demand was persistent. Even threats were administered to
the deceased and her family members. Thus, the accused inflicted mental and physical torture on
the victim which prompted her to commit suicide by burning herself on 23-03-1999 after pouring
kerosene on her body. Thus, as per the prosecution case, the appellant has committed the offence
punishable under Section 498A and 306 IPC read with Sections 3 and 7 of DP Act.
The complaint was given by Dhulagiri Gumangiri Goswami on 17.5.1999. On the strength of the
complaint given by the complainant investigation was carried out. The place where the suicide
was committed by the victim was visited and the panchnama of the place of incident was
prepared in the presence of the panch-witnesses. Statements of the witnesses from the
neighborhood were recorded. The injured was immediately rushed to the hospital for providing
necessary treatment. Muddamal seized was sent to Forensic Science Laboratory for the purpose
of detailed analysis. On the death of the victim, the inquest panchnama was prepared and the
dead body was sent for autopsy. The appellant was arrested during the course of investigation.
On receipt of the report from FSL, the post- mortem report along with other material, the
50

Kishangiri Mangalgiri Goswami vs State Of Gujarat on 28 January, 2009.

appellant was charge-sheeted for the offences punishable under Sections 498A and 306 of IPC as
well as Sections 3 and 7 of the DP Act. He was produced before the Metropolitan Magistrate,
Ahmadabad, who in turn committed the case to the Sessions Court under Section 209 of the
Code of Criminal Procedure, 1973 (in short the `Code') as the case was exclusively triable by the
Sessions Court. As the accused persons pleaded innocence trial was held. Seventeen witnesses
were examined to further the prosecution version.
The trial court found that the letters written by the accused clearly established the demand of
dowry and further the suicide was clearly abetted by the acts and conduct of the appellant.
Accordingly, the conviction was recorded and sentences were imposed as afore-stated. In appeal,
the High court concurred with the views of the trial Court.
In support of the appeal, it was submitted that the letters whereby the alleged demand of dowry
was made has not been signed by the appellant and even has not been addressed to anyone. There
was no material to show that the appellant had subjected the deceased to such cruelty and
harassment as to instigate her to commit suicide. The evidence on record shows that the appellant
had purchased valuable silver ornaments for the deceased and in his insurance policy, the
deceased was shown to be his nominee. Their relation was otherwise cordial. Since the
substratum of the allegations of dowry and harassment were letters, their authenticity having not
been established the trial Court and the High Court should not have relied upon the same.
It is pointed out that the accused himself had taken the deceased to the hospital and from his
conduct it clearly shows that the accused was not guilty. In essence, it is submitted that the
commission of alleged offences has not been established by the prosecution.
In response, learned counsel for the respondent-State supported the judgment. We shall first deal
with the plea relating to applicability of Section 306 IPC.
Section 306 IPC deals with abetment of suicide. The said provision reads as follows: " 306
ABETMENT OF SUICIDE. If any person commits suicide, whoever abets the commission of
such suicide, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine. " Abetment involves a mental process
of instigating a person or intentionally aiding that person in doing of a thing.

In cases of conspiracy also it would involve that mental process of entering into conspiracy for
the doing of that thing. More active role which can be described as instigating or aiding the doing
of a thing it required before a person can be said to be abetting the commission of offence under
Section 306 of IPC.
51

In State of West Bengal v. Orilal Jaiswal (AIR 1994 SC 1418) this Court has observed that the
courts should be extremely careful in assessing the facts and circumstances of each case and the
evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the
victim had in fact induced her to end her life by committing suicide. If it transpires to the Court
that a victim committing suicide was hypersensitive to ordinary petulance, discord and
differences in domestic life quite common to the society to which the victim belonged and such
petulance discord and differences were not expected to induce a similarly circumstanced
individual in a given society to commit suicide, the conscience of the Court should not be
satisfied for basing a finding that the accused charged of abetting the offence of suicide should
be found guilty.
Section 107 IPC defines abetment of a thing. The offence of abetment is a separate and distinct
offence provided in the Act as an offence. A 6 person abets the doing of a thing when
He instigates any person to do that thing; or
Engages with one or more other persons in any conspiracy for the doing of that thing; or
Intentionally aids, by act or illegal omission, the doing of that thing. These things are essential to
complete abetment as a crime. The word " instigate" literally means to provoke,
incite, urge on or bring about by persuasion to do anything. The abetment may be by instigation,
conspiracy or intentional aid, as provided in the three clauses of Section 107. Section 109
provides that if the act abetted is committed in consequence of abetment and there is no
provision for the punishment of such abetment, then the offender is to be punished with the
punishment provided for the original offence. 'Abetted' in Section 109 means the specific offence
abetted. Therefore, the offence for the abetment of which a person is charged with the abetment
is normally linked with the proved offence
http://indiankanoon.org/doc/337402/51 In State of West Bengal v. Orilal Jaiswal (AIR 1994 SC 1418)

In cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement
to the commission of suicide. The mere fact that the husband treated the deceased-wife with
cruelty is not enough. [See Mahinder Singh v. State of M.P. (1995 AIR SCW 4570)]. 7
The aforesaid aspects were highlighted in Kishori Lal v. State of M.P. (2007 (10) SCC
52
797), Randhir Singh and Anr. v. State of Punjab (2004 (13) SCC 129) and Criminal Appeal No.
1464 of 2007 Sohan Raj Sharma v. State of Haryana disposed of on April 7, 2008).

53

The conviction so far as it relates to Section 306 IPC, therefore, cannot be sustained in view of
the background facts and is set aside. But the materials on record particularly the letters on which
specific emphasis has been led by the trial Court and the High Court amply demonstrate the
commission of offences punishable under Section 498-A IPC and Section 3 of DP Act. The
convictions are sustained. But the sentence in respect of Section 3 of DP Act is reduced to three
years. The appeal is allowed to the aforesaid extent.
54

In Ramesh Kumar v. State of Chhattisgarh (2001)8 J.T. (SC) 599 :(AIR 2001 SC 3837) The
Apex Court observed as under (Instigation is to goad, urge forward, provoke, Incite or encourage
to do "an act" To satisfy the requirement of instigation though it is not necessary that actual
words must be used to that effect or what constitutes instigation must necessarily and specifically
be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be
capable of being spelt out.
In the above case deceased was appellant's wife. Within one year of marriage his wife died of
suicide and before committing suicide she wrote a suicide note and a letter to her husband in a
diary. Her dying declaration was also recorded by Executive Magistrate. On facts the Hon'ble
Supreme Court came to the conclusion that presumption of Section 113A of evidence Act could
not be drawn against the husband. It further held that the case was not one which could fall in
Clause secondly and thirdly of Section 107 of the Indian Penal Code. With regard to applicability
of first Clause i.e. whether the accused abetted the suicide by instigating her to do so, the
Kishori Lal v. State of M.P. (2007 (10) SCC 797), 52

Sohan Raj Sharma v. State of Haryana disposed of on April 7, 2008).

In Ramesh Kumar v. State of Chhattisgarh (2001)8 J.T. (SC) 599 :(AIR 2001 SC 3837)

Supreme Court held that it was beyond doubt that accused's wife did commit suicide within a
year of her marriage. What happened on the date of occurrence was very material for the purpose
of recording a finding on the question of abetment. The picture which emerged from a
cumulative reading and the assessment' of the material available in that case was that presumably
because of disinclination on the part of the accused to drop the deceased at her sister's residence
the deceased felt disappointed, frustrated and depressed. She was overtaken by a feeling of short
comings which she attributed to herself. She was overcome by a forceful feeling generating
within her that in the assessment of her husband she did not deserve to be his life-partner. May
be that it was in a fit of anger as contrary to his wish and immediate convenience the deceased
was emphatic on being dropped at her sister's residence to see her. In these circumstances it was
held that the case was not, a case where the accused created such circumstances that the deceased
was left with no other option except to commit suicide.
55

In the case of State of West Bengal v. Ori Lal Jaiswal (1994)1 SCC 73 :(AIR 1994 SC 1418) it
was held that if it transpires to the Court that a victim committing suicide was hyper sensitive to
ordinary petulance, discord and difference in domestic life quite common to the society to which
the victim belonged and such petulance, discord and differences were not expected to induce a
similarly circumstanced individual in a given society to commit suicide the conscious of the
Court should not be satisfied for basing a finding that the accused charged of abetting the offence
of suicide should be found guilty.
56

In the case of Shri Ram v. State of U.P. A.I.R. 1975 SC 175 it. Was held by the Apex Court that
in order to constitute an abetment, the abettor must be shown to have "intentionally aided to the
commission of crime. Mere proof that the crime charged could not have been committed without
the interposition of the alleged abettor is not enough compliance with the requirement of Section
107 I.P.C. ...Intentional aiding and, therefore, active complicity is the gist of the offence of
abetment under the third paragraph of Section 107.

State of West Bengal v. Ori Lal Jaiswal (1994)1 SCC 73 :(AIR 1994 SC 1418)
Shri Ram v. State of U.P. A.I.R. 1975 SC 175

In Balwant Singh v. State of Himachal Pradesh (2001)2 Femi-jurist C.C.351 Hon'ble C.K.
Thacker, Chief Justice of Himachal Pradesh as then his Lordship was, found that from the
evidence on record it was proved by the prosecution that there was ill treatment by the accused
towards the deceased Renu Bala, but it could not be said that the prosecution was able to
establish that there was abetment by the accused to commit suicide by deceased Renu Bala
because necessary ingredients of Section 107 I.P.C. were not established.
57

In Roop Kishore Madan v. State (2001)2 Femi-Juris C.C. 296 deceased was in love with
accused who was already married. There was an allegation that accused promised with deceased
to divorce his first wife and marry her but that promise was not being fulfilled. Deceased in utter
frustration committed suicide leaving a suicide note which also did not remotely suggest that
accused had incited the deceased to commit suicide. On these facts the Court came to the
conclusion that ingredients of offence of abetment were not made out from the allegations made
by the prosecution and, therefore, offence under Section 306 I.P.C. could not be said to have been
committed and on that ground F.I.R. was quashed.
The law regarding offence of abetment to commit suicide is thus clear. A person can be said to
instigate another when incites or otherwise encourages another, directly or indirectly to commit
suicide.
Keeping the above legal principles in mind, I now proceed to scrutinize the material collected
during investigation in order to find out whether from the allegations made by the prosecution,
offence of abetment of suicide punishable under Section 306 I.P.C. is made out against the
applicant and whether the instant case is one of those rarest of rare cases which requires quashing
of the entire proceedings?
To arrive at a right answer of the question we have to accept the prosecution allegations as they
stand. It is an admitted fact that deceased persons were married in the year 1996 and a son was
born out of their wedlock. Deceased wife Nimisha was the daughter of the applicant in revision
and the other deceased Praveen Sharma was her son-in-law. After their marriage for sometime
the married couple stayed with the parents of husband, thereafter they shifted to a rented house in
57

Roop Kishore Madan v. State (2001)2 Femi-Juris C.C. 296

Vasundhara to live separately from the parents of applicant's son-in-law. It is also not disputed
that on 21-3-1998 they both died unnatural death and as per the opinion of the Medical Officer
who conducted autopsy cause of death of both the deceased persons was asphyxia on account of
hanging. Opposite party No. 2 Rajeev Kumar Sharma, elder brother of deceased Praveen Sharma
was first to see the dead bodies in the rented house where the deceased couple was living.
Through a written report he informed the police that on the day of occurrence i.e. 21-3-1998 in
the morning there had been some quarrel between husband and wife on some issue. "Thereafter
Nimisha left the house and went in the neighbourhood. When she had left the house. Praveen
Sharma hanged himself from ceiling fan and committed suicide at about 11 a.m. When Nimisha
came back and found her husband dead, she also committed suicide by hanging herself in
another room at about 12.20 p.m. Police came into action and inquests were held. Both the dead
bodies were sent for post mortem examination. During the post mortem examination of deceased
Praveen Sharma a death note whose copy has been annexed with the counter affidavit, was found
in the underwear of deceased Praveen Sharma. The death note has already been quoted in the
earlier part of this judgment. This death note is the sheet anchor of the prosecution case. A bare
reading of this death note indicates that the husband and wife were not having cordial relations.
The husband was very much annoyed with his wife's behaviour and there were discord and
differences in their domestic life. As per the own case of complainant Rajeev Kumar Sharma
even in the morning on the day of occurrence some quarrel had occurred between husband and
wife on some issue. As was pointed out by the Apex Court in the case of Ramesh Kumar (AIR
58
2001 SC 3837) what happened on the date of occurrence is very material for the purpose of
recording a finding on the question of abetment. Suicide note further indicates that Praveen
Sharma was unhappy with his wife as he was forced by her to live separately from his parents
and according to him it was enough and so he decided to end his life. The allegation against the
applicant in revision was that she used to side with Nimisha. From this death note, taken at its
face value, it would appear that deceased Praveen Sharma was hypersensitive to ordinary
petulance, discord and differences in domestic life. Assuming for the sake of argument, that at
some stage applicant in revision also advised Nimisha and her husband to live separately from
58

of Ramesh Kumar (AIR 2001 SC 3837).

her in-law, but from this mere fact it cannot be inferred that she instigated or incited or
encouraged Praveen Sharma to commit suicide. There could be many reasons and one of them
could be that finding married couple quarrelling with each other often on account of differences
with the parents of Praveen Sharma, she might have thought it better to advice Nimisha and
Praveen Sharma in good faith to live separately instead of quarrelling with each other daily. By
no stretch of imagination it could be said that the applicant in revision induced, incited or
instigated Praveen Sharma or her daughter to commit suicide. Even in the statement of witnesses
recorded during investigation the only allegation against the applicant in revision was that she
used to interfere in the affairs of her daughter and her husband. That also will not be enough to
remotely suggest that the applicant in revision had incited or induced the deceased to commit
suicide or made his life so miserable that there was no option left for him except to end his life.
There is absolutely no evidence or material on record to infer that applicant in revision at any
point of time instigated Praveen Sharma or created such circumstances which compelled Shri
Sharma to end his life. It is also inconceivable that a mother would instigate her own son-in-law
to commit suicide so as to make her own daughter a widow. It may not be out of place to
mention here that presumption under Section 113A of the Evidence Act is not available to the
prosecution in this case and therefore, there should have been positive material to connect the
applicant in revision either by direct or circumstantial evidence that she had abetted commission
of offence of suicide which in the present case is totally lacking. Simply because Praveen
Sharma could not relish interference of his wife and her mother in his married life it would not
follow that the applicant in revision had the requisite mens rea to aid the commission of the
offence of abetment of suicide. The material collected during investigation does not show that
the ingredients of offence of abetment have been satisfied and thus on the basis of that material
taken at its face value no offence under Section 306 I.P.C. is made out against the applicant in
revision. In this case of the matter the entire proceedings initiated on the basis of the charge sheet
submitted in the present case are liable to be quashed.
For the reasons assigned above this revision is allowed, the order of the learned Magistrate dated
18-5-2001 summoning the applicant in revision as accused on the basis of charge sheet submitted

in case crime No. 91 of 1999 is set aside. The charge sheet submitted against the applicant as
well as proceedings initiated on the basis of the same is hereby quashed.
Before parting with this order this Court is constrained to remark that in this case the conduct of
the investigating agency has not been fair and impartial. Though applicant's husband Dr. S.D.
Shukla had sent a complaint to the S.S.P. Ghaziabad, the same was not investigated in
accordance with law on the ground that the entire matter was inquired into by CO. City II
Ghazia-bad who reported that applicant's daughter and son-in-law had committed suicide on 213-1998 and in relation to the same case crime No. 91 of 1999 under Section 306 I.P.C. has
already been registered against the applicant in revision. When in the complaint sent by
applicant's husband specific allegations had been made that deceased Nimisha was being treated
with cruelty in connection with the demand of dowry and her death occurred in abnormal
circumstances within 7 years of her marriage, the investigation agency should have inquired into
such allegations by at least interrogating persons living in the neighborhood of the house where
Nimisha and her husband had committed suicide. That complaint was closed merely on the
ground that a case under Section 306 I.P.C. has been registered already against the applicant in
revision. No investigation was made into the allegation whether deceased Nimisha soon before
her death was being subjected to cruelty by her husband and his family m333456embers in
connection with the demand of dowry why it was so done is anybody's guess and in this revision
it is not necessary for this Court to unravel this mystery. The matter is left for being looked into
by superior police officers and to take such action as they deem necessary against the erring
official or officials.
A copy of this order be sent to I.G. Police, Meerut Range for taking such action as he may deem
necessary.
Distinction between Section 113A and 113B
Distinction between Section 113A and 113B was noticed by the Court in Satvir Singh v. State of
59
Punjab [(2001) 8 SCC 633] stating : No doubt, Section 306 IPC read with Section 113-A of the
Evidence Act is wide enough to take care of an offence under Section 304-B also. But the latter
http://www.indiankanoon.org/doc/1521945/59 Satvir Singh v. State of Punjab [(2001) 8 SCC 633].

is made a more serious offence by providing a much higher sentence and also by imposing a
minimum period of imprisonment as the sentence. In other words, if death occurs otherwise than
under normal circumstances within 7 years of the marriage as a sequel to the cruelty or
harassment inflicted on a woman with demand of dowry, soon before her death, Parliament
intended such a case to be treated as a very serious offence punishable even up to imprisonment
for life in appropriate cases. It is for the said purpose that such cases are separated from the
general category provided under Section 306 IPC (read with Section 113-A of the Evidence Act)
and made a separate offence.

Disappearance of evidence
Dhain Singh and another. v. State of Punjab (10.08.2004 - SC)

60

The appellants challenge the order of conviction and sentence passed against them by the
Additional Sessions Judge, Patiala which was confirmed by the High Court of Punjab and
Haryana. The first appellant was convicted under Sections 304B and 201 IPC and was sentenced
to rigorous imprisonment for a period of ten years and rigorous imprisonment for a period of two
years respectively. The second appellant was found guilty under Section 201 IPC and was
sentenced to rigorous imprisonment for a period of two years.
The incident happened on 13-10-1988. Shinder Kaur the daughter of PW-2 was married to the
first appellant Dhian Singh about two and a half years prior to her death. After the marriage
Shinder Kaur stayed with her husband for about one year. It was alleged that the first appellant,
the husband, wanted more dowry and started harassing her so she left her matrimonial home and
started staying with her parents. Then at the intervention of the local panchyatdars a settlement
was effected and about two months prior to her death, she left her parents' house and again
started staying with the appellant Dhian Singh. On 22.10.1988, PW-2 came to know that his
daughter Shinder Kaur was burnt to death. He immediately went to the police station and gave
information to the police. The police registered a case and started investigation and during

60

Dhain Singh and another. v. State of Punjab (10.08.2004 - SC).

investigation it was revealed that the accused had disposed off the dead body on 13.10.1988 itself
by cremating the body.
On the side of the prosecution PW-1 to PW-8 were examined and on the defence side DW-1 Tara
Singh was examined. The Sessions Court held that the deceased Shinder Kaur died of burn
injuries and the first appellant Dhian Singh was responsible for cruelty on account of demand for
dowry and thus committed the offence under Section 304B I.P.C. The first appellant was also
held responsible for committing the offence under Section 201 IPC.

BIBLIOGRAPHY

GAUR K.D, THE INDIAN PENAL CODE, FOURTH EDITION UNIVERSAL LAW
PUBLICATION, 2012.
DIWAN PARAS, LAW RELATING TO DOWRY, DOWRY DEATHS, BRIDE BURNING,
RAPE AND RELATED OFFENCES.
VANDANA, SEXUAL VIOLENCE AGAINST WOMEN.

DOWRY MURDER: THE IMPERIAL ORIGINS OF A CULTURAL CRIME, BY

VEENA TALWAR OLDENBURG. PUBLISHED BY OXFORD UNIVERSITY

PRESS, 2002.
DOWRY AND PROTECTION TO MARRIED WOMEN, BY PARAS DIWAN, PEEYUSHI
DIWAN. PUBLISHED BY DEEP & DEEP PUBLICATIONS, 1987.