13. There is a live link between the effect or cruelty meted out to the deceased based on dowry demand and the death of deceased. was made out. The presumption shall be raised only on proof of the following essentials: (1) The question before the court must be whether the accused has committed the dowry death of a woman. In the case of G.V. 7. Dowry Prohibition Act, 1961, S. 4–Penal Code, 1860, S. 498-A and 304-B–Evidence Act, 1872, S. 113-B–Dowry Death–Cruelty–Demand of Dowry–Essential ingredients :- (i) Death is caused in unnatural circumstances. also. Here’s Why. Expert Talk: Understanding Section 304B IPC On Dowry Cases by Femina | November 13, 2020, 22:55 IST More than 7,000 women were killed or moved to suicide in 2017 as a result of dowry harassment by their husbands or families-in-law, according to India’s National Crime Records Bureau. Section 304- B has been inserted with a view to curb the growing atrocities against women, where thousands of young women were … They used to demand a golden chain and colour TV as additional dowry. The Court observed: “13…….Once the prosecution proves the facts which give rise to the presumption under Section 304-B IPC, the onus shifts to the defence and it is for the defence to produce evidence to rebut that presumption. Death of deceased was accidental as she was suffering from epilepsy for last 3 years — This fact is fortified by DW 1-Doctor and DW 2-Investigating Officer, who recorded her statement. Whoever commits dowry death shall be punished with imprisonment for a term minimum of seven years which may extend to imprisonment for life. In 2012, 8,233 dowry death cases were reported across India, while in 2013, 8,083 dowry deaths were reported. Deceased Vimla has sustained following injuries:-. New Delhi: The Supreme Court has canceled the anticipatory bail granted to an eminent doctor and his family by the Allahabad High Court after the medical practitioner's doctor wife died an unnatural death allegedly due to ill-treatment and violence by her husband and in-laws for dowry… In this regard the statement of PW 1 is consistent with FIR and his previous statement and it is amply corroborated by PW 2. The accused-appellant has not caused any injury to the deceased and that she committed suicide by hanging on a tree. Mishra & Anr. The sentences awarded under section 498-A IPC and Section 4 of Dowry Prohibition Act by the trial court, are upheld. Dowry prohibition Act, 1961 was enacted to prohibit in giving or taking of dowry and related offences. Dowry death is defined in Section 304Bof the India… Section 304-B of the IPC makes it an offence and dowry prohibition act 1961 definition. Similarly in Kaliyaperumal Vs. State of Tamil Nadu, AIR 2003 SC 3828 it was held that that the expression ‘Soon before her death” used in the substantive section 304-B I.P.C. It was further observed that it would be hazardous to indicate any fixed period, and that brings in the importance 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 Hon’ble Apex Court observed as under: ”Having arrived at the above conclusion the quantum of sentence requires consideration. v. State of Haryana, (2011) 4 SCC 427 at 431, Pathan Hussain Basha v. State of A.P., (2012) 8 SCC 594 at 599, Kulwant Singh & Ors. As accused-appellant is in custody since last 16 years, thus, accused-appellant Ram Ajor be released forthwith, if not wanted in any other case. 8. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death. committed the murder of Sushma Devi, wife of Arun Kumar Sharma for dowry and Prosecution has not succeeded in establishing offence under Sections 498A and 306, IPC … Dowry death.—. 1) Uday Chakraborty and others v. State of West Bengal ( AIR 2010 SC 3506) Facts of the case:- This approximates to one bride being burned every hour. (ii) Contusion 5.6 cm x 5.2 over mid part of left neck. There is clear and consistent evidence that after marriage, accused-appellant used to demand golden chain and colour TV as additional dowry and on that account he harassed the deceased. 20. PW-1 Surya Bhan, who is brother of deceased, has also made a similar statement and stated that the marriage of deceased was solemnized with accused-appellant on 20.06.1998. Hon’ble Apex Court in the case of V.K. That apart, it may also be observed that while awarding life imprisonment, the trial court did not assign any reasons. (3) Such cruelty or harassment was for, or in connection with, any demand for dowry. Mishra and Neelima Mishra, each of them have undergone imprisonment of more than one year. Appellants V.K. So far as quantum of sentence is concerned, it was submitted by learned counsel for the appellant that the trial court has awarded maximum sentence ie imprisonment for life, without considering the relevant facts and the sentence awarded to accused-appellant is quite excessive and arbitrary. The article aims to explain the concept of presumption as to dowry death. 33. Dowry death, in 1986 a new offence know as dowry death was inserted in the IPC by the virtue of section 304-B. Appeal is partly allowed in above terms. The provision in detail provides ingredients which are to be looked into in case of death of a married woman and if those ingredients are there such death would be considered as dowry death. Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). Section 304-B was inserted in the IPC which creates a new offence in the name of ‘dowry death’. (d) such cruelty or harassment must be in connection with the demand for dowry. In defence evidence, accused-appellant Ram Ajor, himself appeared in to witness box as DW-1 and he stated that on day of incident, while he was present at a tea shop, one girl has informed that his wife Vimla has got herself hanged at a Katahal (jackfruit) tree in jungle. This means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in India. The case got much coverage from Indian and international media. Motilal vide inquest report exhibit Ka-8 and dead body of the deceased was sealed and it was sent for post-mortem. It is related to dowry related cases. One week prior to the incident, Surya Bhan has visited her matrimonial home and Vimla Devi has told him about harassment on account of dowry. SECTION 498A: This particular section under Indian Penal Code (IPC) says that if husband of a woman or husband’s relatives subjects any forms of cruelty to the woman are liable for penalties which include imprisonment not less than 3 years as well fine up to certain extent as well as it’s a non bailable offence. The membranes and brain of deceased were congested. have been established. In the said case, the father-in-law was about eighty years and his legs had been amputated because of severe diabetes and mother-in-law was seventy eight years of age and the Supreme Court held impermissibility of reduction of sentence on the ground of sympathy below the statutory minimum. The trial court also noted that there were two sets of medical evidence on the file in respect of the death of the deceased. Also, section 113B of the Indian Evidence Act, 1872 states the presumption as to dowry death. PW-2 Daya Ram further stated that his daughter Vimla has given birth to three children and at the time of her death, her youngest daughter was aged only 2-3 months. Iqbal has conducted post mortem. The dowry custom reinforces the idea that girls and women are a burden on society and that their value can be reduced to money and material goods. According sentence of life imprisonment awarded by the trial for the offence under section 304-B IPC is reduced and the accused-appellant Ram Ajor is sentenced to the period already undergone by him. Please provide your consent for the following so that we can ensure that you have an enjoyable experience on our website. (2) 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 CRUELTY AND DOWRY DEATH” IntroductionIn India, marriage is steeped in rituals, and deep-rooted cultural values are conveyed by word of mouth, and in some cases, with changing times. Considering the evidence in light of peculiar facts and circumstances of the instant case as well as the position of law, it is established that the deceased was continuously being harassed on account of dowry demand of golden chain and colour TV and there is evidence that till one week prior of the incident, deceased was continuously being harassed for demand dowry. PW-1 Surya Bhan and PW-2 Daya Ram have made quite clear and cogent statements. 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)].” The definition of `dowry death’ is incorporated by reference to Section 304B of the IPC, which reads as under: “304B. The necessary ingredients to prove the offence of dowry death punishable under section 304-B IPC have been discussed by the Hon’ble Apex Court time and again. (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. “Dowry death” can be seen as a result of a unique form of violence suffered by Indian women. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. vs. State of Punjab, (2013) 4 SCC 177, while dealing with dowry death Section 304B and 498A IPC in which death was caused by poisoning within seven years of marriage conviction was affirmed. A new section 304-B was included in the Indian Penal Code. The provision under sec 304-B are more stringent than provided U/s 498-A of IPC. Object of sentencing should be to protect society and to deter the criminal in achieving avowed object of law. 10. On 21.06.2004 PW-2 Daya Ram was informed by his sister that his daughter Vimla Devi has been done to death by accused persons. Dowry Death relates to a bride’s suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. Section 113B. However, his sentence of life imprisonment imposed by the courts below appears to us to be excessive. 40 and 41 of the judgment has held as under:-. Thus, through an Amendment, a new section i.e. Murder and section 306 IPC abetment to suicide. 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. 4. 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