DEVI LAL v. STATE OF RAJASTHAN

Citation: [2007] 11 S.C.R. 219

Court: Supreme Court of India

Bench: S.B. SINHA, H.S. BEDI

Case summary

DEVI LAL v. STATE OF RAJASTHAN.pdf

Judgment text

/_/ DEVI LAL v. STATE OF RAJASTHAN OCTOBER 12, 2007 [S. B. SINHA AND HARJIT SINGH BEDI, JJ. ) Penal Code, 1860: -; s. 304-B-Dowry death-Unnatural death ofbride-Dead body cremated without informing her relatives-Evidence on record showing victim having been subjected to harassment and cruelty for dowry- Conviction ofhusband and mother-in-law by trial court-Conviction ofhusband confirmed by High Court-Plea that there was no evidence ofdemand ofdmwy made in respect ofany specific item-HELD: It is not necessaJy that demand ofany particular item should have been f- made-Before an accused is found guilty ofan offence, Court must arrive at a finding that ingredients thereofhave been established-- ; ) For this purpose statement ofwitness must be read in its entirety- Ingredients of s. 304-B explained-On facts, tests of s. 304-B stood satisfied-Evidence Act, 1872-s. l l 3-B.

Investigation: Recording of supplementary statement of complainant by Investigating Officer-Evidentiary value of-Dowry death-Dead body ofbride cremated without informing and in the absence ofher ~ relatives-Later a supplementary statement offather of victim recordedthat he was present at thefuneral-Trial Court observing that recording ofthe same was not at all necessary-Trial Court and High Court commenting upon the manner in which police made all efforts to help accused-HELD: Recording ofsupplementary statement has rightly been disbelieved by courts below. The appellant and his mother were prosecuted under s. 304-B IPC. The prosecution case was that the appellant married the daughter ofPW-1, and since the date of the marriage the accused were harassing the bride for not bringing sufficient dowry. Again at the time ot'birth of her son when she returned to her matrimonial home, both the accused harassed her for dowry.

A few days prior to the incident, her uncle, PW-2, went to see her and she complained about the harassment meted out to her. He conveyed the same to PW-1 and asked him to see her daughter. On 9. 5. 1994, PW-1 alongwith his nephew, PW-7, went to the house ofher daughter where they came to know that she had died and her dead body had been cremated. PW-1 lodged an FIR the same day. Later a purported supplementary statement ofPW-1 was recorded wherein he allegedly accepted that he was present at the time of funeral. However, a protest petition was filed whereupon cognizance ofthe offence was taken. Ultimately, the trial court convicted both the accused u/s 304 IPC. On appeal, the High Court set aside the conviction of the mother-in-law of the deceased, but affirmed the conviction of her husband. In the instant appeal, it was contended for the accusedappellant that the comis below failed to take into consideration that ".

, no demand ofdowry was made in respect ofany specific item; PW- 1 in his deposition did not categorically state that his daughter was subjected to harassment for and in connection with any demand of dowry soon before her death; that on facts ofthe case, presumption under s. 113-B of the Limitation Act, 1963, was not attracted and, therefore, no case under s. 304 IPC was made out. Dismissing the appeal, the Court HELD: 1. 1. Section 113-B ofthe Evidence Act, 1872 relates to Section 304-B IPC. In terms ofSection 113-B, the prosecution must prove that the deceased was "subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry".

The ingredients of Section 304B are : (1) the death of the woman was caused by any burns or bodily injury or in some circumstances which were not normal; (2) such death occurs within 7 years from the date ofher marriage; (3) that the victim was subjected to cruelty or harassment by her husband or any relative of her husband; (4) + DEVILALv. STATE 221 such cruelty or harassment should be for or in connection with the demand of dowry; and (5) it is established that such cruelty and harassment was made soon before her death. [Para 19 and 20] [227-B, C, DJ Harjit Singh v. State ofPunjab, [2006) 1 SCC 463; Ram Badan Sharma v. State ofBihar, [2006) 10 SCC 115; Satvir Singh v. State of -I Punjab, (2001] 8 SCC 633; and Hans Rajv. State ofHaryana, [2004) 12 sec 257' relied on. -I T Aruntperunjothi v. State through SHO, Pondicherry, (2006] 9 sec 467, referred to. 1. 2.

Before an accused is found guilty for commission of an offence, the Court must arrive at a finding that the ingredients thereof have been established. The statement of a witness for the said purpose must be read in its entirety. It is not necessary for a witness to make a statement in consonance with the wording ofthe section ,). ofa statute. What is needed is to find out as to whether the evidences brought on record satisfy the ingredients thereof. [Para 25) J ' 1. 3. The fact that death ofthe victim took place within the period ofseven years from the date ofmarriage is not in dispute. Unnatural death ofvictim is also not in dispute. Evidence brought on record by the prosecution clearly suggests that the deceased had all along been subjected to harassment or cruelty only on the ground that her father had not given enough dowry at the time of marriage. For proving the said fact, it was not necessary that demand ofany particular item -4 should have been made.

Evidence of PW-1 and his brother PW-2 ... , goes a long way to establish the ingredients ofoffence. Reading their • testimonies in entirety, there is no doubt that the harassment and cruelty meted out to the deceased was for and in connection with the demand ofdowry. Demand ofdowry did not abate at any point oftime. Demands were made both before and after the birth ofthe son and she had been assaulted even a few days prior to the incident. -+ Thus, tests ofSection 304-B of the Indian Penal Code, 1860 stood satisfied. [Para 9, 26, 27 and 28) [224-E; 229-C, D, E; 230-B] 1. 4. It is not one ofthose cases, where omnibus allegations have A been made against the members of the family of accused. First information report was lodged against the accused persons only. Nobody else was implicated. PW-1 has been categorical in stating that victim's father-in-law was a gentleman.

His effort to persuade his wife and son not to harass the deceased might not have ultimately B succeeded but his attempt in that behalfwas appreciated by PW-1 and other members ofhis family with gratitude. It, therefore, cannot be said to be a case where PW-1 has falsely implicated anybody. His evidence was supported in material particulars by his brother PW- 2. [Para 28] [229-G; 230-A] 2. The record indicates that the investigating agency had been helping the accused. The trial Judge, as also the High Court commented upon the manner in which the Police made all efforts to help the accused. The investigating officer purported to have recorded a supplementary statement ofPW-1 which, according to D the trial Judge, was not at all necessary. Recording of the said supplementary statement has been rightly disbelieved by the courts below. (Para 4 and 29] [223-D; 230-D] CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1088of2001. From the Judgment and Order dated 5. 12.

2000 of the High Court ofRajasthan at Jodhpur in S. B. Crl. A. No. 187of1999. Sanjay R. Hedge for the Appellant. Navin Singh, Aruneshwar Gupta and Shashwat Gupta for the Respondent. The Judgment of the Court was delivered by S. B. SINHA, J. 1. In the year 1991, Appellant married Pushpa Devi, the deceased. A male child was born to them. 2. At the time ofmarriage, father ofPushpa, Haz. ari Ram, allegedly, spent a lot of money. Appellant's family, however, was not happy with the dowry given by the bride side. Pushpa was allegedly tortured and continuously harassed. She had, however, no grievance against her father in law, namely, Ram Swaroop. He had all along been assuring Pushp~ and her parents that he would do his best to see that she is not harassed for not bringing enough dowry. 3. After the birth of the child, she came back to her matrimonial home. A few days prior to the incident which took place on 9. 5. 1994 her uncle Ranveer (PW-2) visited her. She made complaints about the, ...

harassments meted out to her. Ranveer conveyed the same to her father. On 9. 5. 1994, his nephew, Madan Lal (PW-7) was going to some place. ·-1 Haz. ari Ram asked him to take him to his daughter's place. On reaching the house of Pushpa, he enquired about her. No response thereto was made but later on he was informed that she had died and the dead body has been cremated. Haz. ari Ram allegedly came back to his village. He went back to Umawali. A Panchayat was held. Appellant's family accepted the purported mistake that they should have informed Hazari Ram about the death ofhis daughter. It was agreed that some lands would be settled in the name ofthe son ofPushpa. .. +- 4. On 9. 5. 1994, a first information report was lodged by Hazari ... . J Ram. It appears from the records that investigating agency had been helping the accused. A purported supplementary statement ofHazari Ram was recorded wherein he had allegedly accepted that he was present at the time offuneral.

Afinal form was submitted. However, aprotest petition was filed whereupon cognizance of the offence under Section 304B of the Indian Penal Code (Code) was taken. Charges were framed under Section 304B ofthe Code and in the alternative under Section 306 read with Section 498A thereof. The Trial Court convicted both the accused, 'F ' namely, Devi Lal and his mother Sukh Devi. ... ," 5. An appeal having been preferred by the accused thereagainst before the High Court, the appeal ofthe appellant was dismissed; but that of Sukh Devi was allowed. 0 6. Mr. Sanjay Hegde, learned counsel appearing on behalf of the -~ appellant, would submit that the High Court committed an error in passing the impugned judgment insofar as it failed to take into consideration that no demand of dowry was made in respect of any specific item. It was urged that the prosecution has also not proved as to whether the purported harassment meted out to the deceased was as a result ofdemand ofdowry or not.

Section 113-B ofthe Evidence Act, whereupon reliance has been placed by learned Trial Judge as also the High Court, Mr. Parekh would contend, is not attracted to the facts ofthe present case. 7. Mr. Naveen Singh, learned counsel appearing on behalfofthe State ofRajasthan, on the other hand, submitted that from the deposition ofthe prosecution witnesses, it would be evident that all the ingredients ~ of Section 304-B of the Indian Penal Code have been proved. 8. Defence ofthe accused before the learned Trial Judge was that as Pushpa Devi delivered a child, the societal norms by way ofcustom demanded that the occasion be celebrated by offering gifts and distributing sweets, meal etc. by the maternal grand-father ofthe child. It was pointed out that almost at the same time, elder brother Banwari Lal's wife also delivered a child and there was a big celebration. Pushpa wanted his father to celebrate the function ofher son in a similar manner. But the same was not done.

She not only came back from her parents' house but after a few days committed suicide. It was furthermore the case ofthe defence that Hazari Ram was informed about the death of his daughter through one Nand Ram, pursuant whereto, he attended the funeral. Prior thereto, E a village panchayat was held and he was informed about his right to lodge first information report but he declined to do so as a representation was made that some land would be transferred in the name ofthe child. 9. The fact that death of Pushpa took place within the period of seven years from the date of marriage is not in dispute. Unnatural death ofPushpa is also not in dispute. I0. Hazari Ram examined himselfas PW-1. According to him, he gave to his daughter at the time of her marriage articles beyond his capacity, but the family members ofthe appellant were not pleased with the amount ofdowry given and, therefore, they used to harass Pushpa.

According to him, Ram Swaroop, father ofthe appellant, was a gentleman and he had all along been assuring him that they would try to make the appellant and his mother understand but they had not been heeding his advice. He categorically stated that even after the delivery ofchild, Pushpa asked him to call his father-in-law so that would be pleased. She had also asked him to give some gifts to him. Ram Swaroop crune to his place and took his daughter-in-law back. He stated that whenever he would go to his daughter-in-law's house, Ram Swaroop used to assure him with folded hands that he would make Devi Lal and his mother understand. Five to seven days prior to the death ofhis daughter, his brother Ranveer had gone to meet her. He had informed him about the beating and harassment to his daughter and that he was asked to visit his daughter's place. He, in his examination-in-chief, supported the statement made by him in his first information report. -I 11.

We may notice that Ranveer (PW-2) in his deposition before the learned Trial Judge, stated : "My brother had given a good dowry and articles to his daughter according to capacity. Thereafter, whenever, the girl returned back to her parent's house from her in-law's house, she told to us that my in-laws persons are not happy with the articles ofthis dowzy and trouble me. Later on, Ialong with my brother went to Umewali and said that do not trouble and harass her. As possible, we will give continuously more dowry. My brother told me to meet my niece. I went to meet the girl prior to 5-7 days ofdeath of her. When I went to meet, the girl started to weeping and said that they trouble and harass to me. I returned back after advised to her. I narrated this to my brother that they (in-laws persons) trouble and harass to the girl, taking the issue ofdowry. " 12. PW-7, Madan Lal, was the nephew of Hazari Ram. He took Hazari Ram to the village Umewala on 9th May, 1994.

After visiting the house ofhis daughter, Hazari Ram came back and told him "they have ; ' murdered to pushpa (sic) and cremated". 13. We need not notice the deposition ofother witnesses who had turned hostile. 14. Some witnesses were examined on behalf of the appellant. -~ According to them, Hazari Ram when asked by the elders ofthe village as to whether he had any doubt on any person as regards the death of Pushpa or whether he intended to inform the Police, answered in the negative stating that he would not take recourse thereto. The said witnesses, however, accepted that they had come to depose in court only at the instance ofthe appellant. 15. It is significant to note that even in the first information report, Hazari Ram categorically stated that no assistance had been rendered to him . by the villagers. 16. Two courts have concunently accepted the evidence ofthe prosecution witnesses.

The testimonies ofthe prosecution witnesses have been relied on for amving at the finding ofguilt ofthe appellant. We do ,_ not see any reason to take a different view. 17. 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 ofthe Indian Evidence Act (the Act). 18. The Parliament by Act No. 46of1983 and Act No. 43 of 1986 D 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 ofsuicide 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 ofseven years from the date ofher mamage 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 ofthe case, that such suicide had been abetted by her husband or by such relative of her husband. Explanation. -For the purposes ofthis section, "cruelty" shall have y· the same meaning as in section 498A of the Indian Penal Code ... (45 of 1860). J13B. Presumption as to dowry death. -When the question is whether a person has committed the dowry death ofa 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. DEVILALv. STATE[SINHA,J. ] -I Explanation.

-Forthe purposes ofthis section "dowry death" shall have the same meaning as in section 304B, ofthe Indian Penal Code (45of1860). " 19. Section l l3A ofthe Act relates to offences under Sections 498- A and 306 ofthe Code, whereas Section l 13B relates to Section 304- B thereof. Whereas in terms of Section l 13A ofthe 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 -1 with, any demand for dowry". 20. The question, as to what are the ingredients ofthe provisions of Section 304B ofthe Indian Penal Code is no longer res integra.

They are : (1) That the death ofthe woman was caused by any bums or bodily injury or in some circumstances which were not normal; (2) such death occurs within 7 years from the date ofher maffiage; (3) that the victim was subjected to cruelty or harassment by her husband or any relative of her husband; (4) such cruelty or harassment should be for or in connection ~ with the demand ofdowry; and (5) it is established that such cruelty and 't-' harassment was made soon before her death. {See Harjit Singh v. State ofPunjab, (2006] 1 sec 463]; Ram Badan Sharma V. State ofBihar, (2006] 10 sec 115} 21. In T Aruntperunjothi v. State through SHO, Pondicherry, [2006] 9 SCC 467, this Court held : "It is now well settled in view ofa catena ofdecisions ofthis Court that what would constitute "soon before her death" depends upon '<( the facts and circumstances ofeach case. " # • 22. Distinction between Section 113A and 113B was noticed by the Court in Satvir Singh v.

State ofPunjab [2001] 8 SCC 633, stating "No doubt, Section 306 IPC read with Section 113-A of the ~1 Evidence Act is wide enough to take care of an offence under Section 304-B also. But the latter 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, ifdeath 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. " r- 23. In Hans Raj v. State ofHaryana [2004] 12 SCC 257, this Court held: "13.

Unlike Section 113-B ofthe Indian Evidence Act, a statutory presumption does not arise by operation oflaw merely on proof ofthe circumstances enumerated in Section 113-A ofthe Indian Evidence Act. Under Section 113-A ofthe Indian Evidence Act, the prosecution has first to establish that the woman concerned committed suicide within a period ofseven years from the date of her marriage and that her husband (in this case) had subjected her to cruelty. Even ifthese facts are established the court is not bound to presume that the suicide had been abetted by her husband. Section 113-A gives a discretion to the court to raise such a presumption, having regard to all the other circumstances ofthe case, which means that where the allegation is ofcruelty it must consider the nature ofcruelty to which the woman was subjected, having regard to the meaning ofthe word "cruelty" in Section 498- IPC.

The mere fact that a woman committed suicide within seven years ofher marriage and that she had been subjected to cruelty by her husband, does not automatically give rise to the presumption that the suicide had been abetted by her husband. The court is required to look into all the other circumstances ofthe case. One of the circumstances which has to be considered by the cowt is whether the alleged cruelty was ofsuch nature as was likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health ofthe woman. " 24. Submissions of Mr. Hegde that as Haz. ari Ram (PW-I) in his -' deposition did not categorically state that Pushpa was subjected to harassment for and in connection with any demand ofdowry soon before her death, no case for convicting the appellant under Section 304-B has been made out. 25.

Indisputably, before an accused is found guilty for commission ofan offence, the Court must arrive at a finding that the ingredients thereof have been established. The statement ofa witness for the said purpose must be read in its entirety. It is not necessary for a witness to make statement in consonance with the wording ofthe section ofa statute. What. is needed is to find out as to whether the evidences brought on record satisfy the ingredients thereof. 26. Evidence brought on record by the prosecution clearly suggest that Pushpa had all along been subjected to harassment or cruelty only on the ground that her father had not given enough dowry at the time of marriage. For proving the said fact, it was not necessary that demand of any particular item should have been made. 27. Evidence ofHazari Ram (PW-I) and his brother Ranveer(PW- 2) go a long a way to establish the ingredients ofoffence.

Reading their testimonies in their entirety, we have no doubt in our mind that the harassment and cruelty meted out to Pushpa was for and in connection with the demand ofdowry. Demand ofdowry did not abate at any point oftime. Demands were made both before and after the birth ofthe son. A plain reading of the deposition of Hazari Ram (PW- I) would categorically show that Pushpa's father-in-law, Ram Swaroop had all along been apologetic. He persuaded the appellant and his mother not to insist for dowry or at least not harass her therefor. He, however, did not succeed in his efforts. Sentimental attachment of Pushpa to her father-in-law becomes apparent when we find that after giving birth to a male child she requested her father to invite him and give him some gifts so that he would be pleased. 28. It is not one ofthose cases, where omnibus allegations have been made against the members ofthe family. First information report was lodged against the accused persons only.

Nobody else was implicated. Hazari Ram (PW-1) has been categorical in stating that Pushpa's fatherin-law was a gentleman. His effort to persuade his wife and son not to harass Pushpa might not have ultimately succeeded but his attempt in that behalfwas appreciated by him (PW-1) and other members ofhis family with gratitude. It is, therefore, cannot be said to be a case where Hazari Ram (PW-1) has falsely implicated anybody. His evidence was supported in material particulars by his brother Ranveer (PW-2). The very fact that harassment or cruelty on Pushpa did not abate even after her coming back ' ~ to the matrimonial home with a son and the fact that she had beenassaulted even a few days prior to the incident, in our opinion, tests ofSection 304- ~ . Bofthe Indian Penal Code stood satisfied. Ranveer (PW-2) informed his brother, Hazari Ram (PW-1), about the harassment meted out to Pushpa. He was asked to go there.

He went there to find his daughter dead; her cremation having already taken place. 29. Learned Trial Judge, as also the High Court commented upon the manner in which the Police made all efforts to help the accused. The investigating officer purported to have recorded a supplementary statement ofHazari Ram (PW-1) which, according to the learned Trial Judge, was not at all necessary. Recording ofthe said supplementary statement has been disbelieved by the courts below. 30. In this view of the matter, we are of the opinion that no case has been made out for interference with the impugned judgment. The appeal is, therefore, dismissed. RP. Appeal dimissed.