top of page

Once Cruelty and Torture are proved, presumption rests on the accused under Section 113-B: SC

JATINDER KUMAR v. STATE OF HARYANA, CRIMINAL APPEAL NO. 1850 OF 2010 -December 17, 2019

The offence of this case is related to the suicidal death of the appellant’s wife Mrs.Meenakshi. The appellant was charged for subjecting his wife to cruelty and harassment demanding dowry. Charge sheet was framed u/s 306,406,304-B,498-A of IPC against the appellant, his mother and two brothers before the Trial Court. The court awarded a sentence u/s 304-B and imposed fine of Rs.1000/- on each of them. The High Court affirmed the order of the Trial Court but acquitted the mother and two brothers and set aside the judgment of their conviction and order of sentence. Conviction of the appellant u/s 306 was set aside but conviction on other grounds was sustained.

This judgment is challenged by the appellant-convict before this court.

Mr. Harin Raval, the counsel on behalf of the appellant argued that there is no evidence of any torture for demand of dowry. The case of Appasaheb & Anr. vs. State of Maharashtra was quoted supporting his argument which stated that seeking financial assistance would not per se constitute demand of dowry. However this judgment was rejected in Rajinder Singh vs. State of Punjab. Since on the basis of a set of evidences the co-accused was acquitted, the husband should also be acquitted. Since the appellant is the husband of the deceased it cannot be a ground for convicting him.

After hearing the arguments of the appellant the court observed that there is a link established between the act of the appellants and death of the deceased. The appellant in his statement made in response to his examination under Section 313 of the Code of Criminal Procedure, 1973 attributed suicide of the victim to depression on account of several of her relatives’ deaths within a short spell of time. Though the factum of several deaths in her family has been established, there is no corroboration of such a depressive state of mind of the deceased. The other defences  of the appellant is that she was a modern urban lady and could not adjust to the life style of Mullana, a small town where her matrimonial home was situated. But both the Trial Court and the High Court rejected this defence. We find no reason to reappreciate evidence on this aspect”

The court confirmed the order of conviction and sentence of the High Court on the basis of evidences on record. The court established the guilt of the appellant beyond reasonable doubt. The Court accepted the factors considered by the High Court in convicting the appellant. This court found no reason to interfere with the judgment and order under appeal. Thus the court in this case dismissed the appeal and cancelled the bail of the appellant and directed him to surrender before the Trial Court within four weeks.

Barring the stray remark by P.W.2, both P.W.1 and P.W.2 have narrated facts which would constitute demand for dowry as also inflicting cruelty and torture upon the deceased victim. Such consistent stand of these two witnesses cannot be said to have been overshadowed by the above-referred stray statement of P.W.2 which is not in tune with rest of his deposition. As regards the appellant, it is a finding on fact upon proper appreciation of evidence. Once these factors are proved, presumption rests on the accused under Section 113-B of the Indian Evidence Act, 1872. The appellant in his statement made in response to his examination under Section 313 of the Code of Criminal Procedure, 1973 attributed suicide of the victim to depression on account of several of her relatives’ deaths within a short spell of time. Though the factum of several deaths in her family has been established, there is no corroboration of such a depressive state of mind of the deceased. The other defence of the appellant is that she was a modern urban lady and could not adjust to the life style of Mullana, a small town where her matrimonial home was situated

View/Download Judgment:Jatinder Kumar v. State of Haryana

– PRIYADHARSHINI R

Kommentare


Articles

bottom of page