Ashok Kumar Vs. State of Haryana
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Head Note
Indian Penal Code,1860 - Section 304
Dowry death - Quantum of punishment - Reduction in sentence - Husband of deceased, his mother and brother held guilty of offence - Mother and brother acquitted by High Court due to lack of evidence - Accused was 48 years of age - Sentence reduced from 10 years to 7 years.
Indian Penal Code,1860 - Section 304-B , Constitution of India, 1950 - Article 20
Dowry death - Rule of law requires a person to be innocent till proved guilty, but in case of dowry death it is not so - However presumption under Section 304-B is rebuttable.
Indian Penal Code,1860 - Section 304-B
Death of bride by burning - Delay in lodging FIR - Death occurred at 9 P.M on 16.5.88 - FIR registered at 7 PM on 17.5.88 - Held, there was no inordinate or unexplained delay in lodging FIR in facts of the case.
Indian Penal Code,1860 - Section 304-B
Dowry death - Meaning of expression, "demand for dowry " and "in connection with marriage" in Section 304B Indian Penal Code explained.
The Code of Criminal Procedure, 1973 - Section 313
Power of Court to examine accused under Section 313 Criminal Procedure Code - Examination of accused under Section 313 Criminal Procedure Code dual purpose is achieved - Firstly, every material piece of evidence which prosecution proposes to use against accused should be put to him in clear terms - Secondly, accused should have fair chance to give his explanation in relation to that evidence as well as his own versions with regard to alleged involvement in crime - Further, statement under Section 313 Criminal Procedure Code can be used by Court in so far as it corroborates case of prosecution - However, conviction per se cannot be based upon the statement made under this Section as it cannot be regarded as a substantive piece of evidence.
The Dowry Prohibition Act,1961 - Section 2 , Section 4
Meaning of expression " dowry " - Law summoned up - 1. The word ' dowry ' should be any property or valuable given or agreed to be given in connection with the marriage - The customary payments in connection with birth of a child or other ceremonies are not covered within the ambit of the word ' dowry '. 2. Furnishing of a list of ornaments and other household articles such as refrigerator, furniture an electrical appliances etc., to the parents or guardians of the bride, at the time of settlement of the marriage, prima facie amounts to demand of dowry within the meaning of Section 2 of the Act (1988) Supp. 1 SCC 424 relied. 3. The definition of ' dowry ' is not restricted to agreement or demand for payment of dowry before and at the time of marriage but even include subsequent demands. 4. Where the husband had demanded a specific sum from his father-in-law and upon not being given, harassed and tortured the wife and after some days she died, such cases would clearly fall within the definition of ' dowry ' under the Act.
The Indian Evidence Act, 1872 - Section 3 , Indian Penal Code,1860 - Section 304-B
Defence witness - Dowry death - One of the defence witness deposed in cross examination that there was cruelty and harassment inflicted upon the deceased by her husband and in-laws - Accused convicted on basis of this statement and evidence of PWs - Held - The defence would be bound by the statement of the witness, who has been produced by the accused, whatever be its worth.
The Indian Evidence Act, 1872 - Section 3
Contradictions in statements of witness - Dowry death - Witnesses examined long after the incident - Thus, it may not be possible for the witnesses to make statements which would be absolute reproduction of their earlier statement or line to line or minute to minute correct reproduction of the occurrence/events - Statements of the witnesses are appreciated and dealt with by the Court upon their cumulative reading.
Topic(s)-
Important Decision(s)- The customary payments in connection with birth of a child or other ceremonies are not covered within the ambit of the word ' dowry '.