BALDEV SINGH v. STATE OF PUNJAB

Citation: [2008] 11 S.C.R. 828

Court: Supreme Court of India

Bench: ARIJIT PASAYAT, H.S. BEDI

Case summary

BALDEV SINGH v. STATE OF PUNJAB.pdf

Judgment text

I [2008] 11 S. C. R. 828 I ~.... -' BALDEV SINGH I v. STATE OF PUNJAB (Criminal Appeal No. 1214 of 2008) r AUGUST 4, 2008 [DR. ARIJIT PASAYAT AND HARJIT SINGH BEDI, JJ. ] '1 Penal Code, 1860 - s. 3048: Dowry death - Proximity test - Held: There must be mafl terial to show that "soon before" death, the victim was subjected to cruelty or harassment- Prosecution has to rule out the possibility of natural or accidental death so as to bring it within purview of 'death occurring otherwise than in normal circumstances' - On facts, demand for wife's share in estate of her late father did not amount to dowry demand, but other demands and documentary evidence clearly established demand for dowry - Conviction of husband as recorded by Courts below ~, ' ( seek-, that conviction can only be if there is agreement for dowry, is misconceived. This would be contrary to the mandate and object ofthe Act.

"Dowry" definition is to be interpreted with the other provisions of the Act including Section 3, which refers to giving . or taking dowry and Section 4 which deals with a penalty . • fordemanding dowry, under the Act and the IPC. This makes it clear that even demand of dowry on other ingredients being satisfied is punishable. It is not always necessary that there be any agreement for dowry. } 12. Section 113-B of the Evidence Act is also relevant for the case at hand. Both Section 304-B IPC and Section 113-B of the Evidence Act were inserted as noted earlier by the Dowry P. rohibition (Amendment) Act 43 of 1986 with a view to combat the increasing menace of dowry deaths. Section 113-B reads· as follows:- "113-8: Presumption as to dowry death- When the Cluestion 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 304-B of the Indian Penal Code (45 of 1860). " . The necessity for insertion of the two provisions has been Ji. 1 amply analysed by the Law Commission of India in its 21s Report dated 1Qth August, 1988 on 'Dowry Deaths and Law Reform'. Keeping in view the impediment in the pre-existing law in securing evidence to prove dowry related deaths, legislature thought it wise to insert a provision relating to presumption of dowry death on proof of certain essentials. It is in this back- .... ground presumptive Section 113-B in the Evidence Act has been -"'( _,_. inserted. As per the definition of 'dowry death' in Section 304-B IPC and the wording in the presumptive Section 113-B of the Evidence Act, one of the essential ingredients, amongst oth- ~ ,..

ers, in both the provisions is that the concerned woman must have been "soon before her death" subjected to cruelty or harassment "for or in connection with the demand of dowry". Presumption under Section 113-B is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the Court to raise a presumption that the accused cause9 the dowry death. The presumption shall be raise~ only on proof of r the following essentials: (1) The question before the Court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC). (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection -\ )' with any demand for dowry. (4) Such cruelty or harassment was soon before her death. 13.

A conjoint reading of Section 113-B of the Evidence Act and Section 304-B IPC shows· that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. Prosecution has to rule out the possibilll ity of a natural or accidental death so as to bring it within the . l purview of the 'death occurring otherwise than in normal cir- ~ J cumstances'. The expression 'soon before' is very relevant where Section 113-B of the Evidence Act and Section 304-B IPC are pressed into service. Prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates. Evidence in that regard has to be led by prosecution. 'Soon before' is a ,_ relative term and it would depend upon circumstances of each r case and no strait-jacket formula can be laid down as to what would constitute a period of soon before the occurrence. It would ~ y .

~ be hazardous to indicate any fixed period, and that brings in the imp. ortance of a proximity test both for_the proof of an offence of dowry death as well as for raising a presumption under Section 113-B of the Evidence Act. The. expression 'soon before her death' used in the substantive Section 304-B IPC and Section 113-B of the Evidence Act is present with the idea of proximity ~ , test. No definite. period has been indicated and the expression '1 'soon before' is not defined. A reference to expression 'soon before' used in Section 114. Illustration (a) of the Evidence Act is relevant. It lays down that a Court may presume that a man who is in the possession of goods 'soon after the theft, is either the thief has received the goods knowing them to be stolen, unless he can account for his possession. 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 harasst" ~ • ment 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. 14. It is true that demanding of her share in the ancestral property will not amount to a dowry demand, but the evidence ~ of PW. 4 and PW. 5 shows that the demands were in addition to . J J( the demand for her share in the ancestral property. Certain letters which were brought on record clearly establish the demand for dowry. The conviction as recorded by the trial court and upheld by the High Court does not warrant any interference.

However, the custodial sentence appears to be on the higher side. The same is reduced to the minimum prescribed i. e. 7 years. In · the ultimate result, with the modification of sentence, the ap- _,,.. ; peal stands disposed of. B. B. B. Appeal disposed of.