Whether offence of dowry death is made out if offence U/S 498A of IPC is not made out?


The last ingredient is based upon the commission of offence under Section 498A IPC and while committing the offence under Section 498A IPC, if it connects with the death, then it would be an offence punishable under Section 304B IPC. The prosecution has failed miserably to establish beyond reasonable doubt that any cruelty or harassment was meted out to the deceased by the appellant, let alone soon before her death. The testimony of above mentioned prosecution witnesses to the effect that TV or fridge was demanded per se does not establish the cruelty and harassment towards the deceased. Evidently, the death of the deceased had taken place on 02.08.1987 i.e. within one year of marriage. The prosecution has failed to establish that after the marriage of the deceased, there were circumstances of harassment or cruelty that took place on account of demand of dowry which could connect with the death of the deceased.

The argument advanced by the learned APP for the State is that Section 113B of the Indian Evidence Act leads to the presumption of the guilt of the appellant. Section 113B of the Indian Evidence Act reads as under:

“113B. Presumption as to dowry death.- When the question 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.”
The presumption under Section 113B of the Evidence Act can be drawn only where the ingredients of Section 304B IPC are fulfilled. The prosecution has failed to establish the necessary ingredient of dowry death i.e. cruelty or harassment meted out to the deceased by the appellant what to say soon before her death. As mentioned above, the prosecution has failed to prove the chain of necessary ingredients to raise the presumption under Section 113B of the Indian Evidence Act.
From no stretch of imagination, the evidence led by the prosecution in the present case could culminate into conviction of the appellant under Section 304-B read with 34 IPC.
In the High Court of Delhi at New Delhi
(Before P.S. Teji, J.)

Ramesh Chander
v.
State of Delhi

Crl. A. No. 526/2002
Decided on December 21, 2016

Citation: 2016 SCC OnLine Del 6473
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