Satbir Singh v/s The State Of Haryana

 


CASE COMMENTS

 

Satbir Singh v/s The State Of Haryana

 

In Supreme court of India

 

APPELLANTS………………………..

SATBIR SINGH & ANOTHER                                       

 

 

RESPONDENT……………………….

STATE OF HARYANA    

 

DATE OF JUDGMENT – 28/05/2021       

 

BENCH–

N. V. RAMANA, CJI

Surya Kant

Aniruddh Bose     

 

INTRODUCTION

 

On 06.11.2008 the judgment was passed by the High Court of Punjab and Haryana at Chandigarh. The High Court dismissed the appeals of appellants. The Trial court passed the sentence of  conviction and on 11.12.1997 conviction was upheld by the high court.

 

The deceased and accused­ were married on 01.07.1994. On 31.7.1995, at about 4 or 4.30 P.M, some people  informed the complainant that his daughter was  admitted to the hospital. Deceased's father, along with his son and wife reached the hospital when they received this information. He discovered  that the deceased died due to burn injuries. The case was that the deceased committed suicide by setting burning herself and  her death she was caused due to cruelty and harassment for bringing less  dowry by  accused person.

 

On 11.12.1997 appellants were convicted by trial court for the offenses under Sections 304­B and 306 of IPC. Accused were sentenced for seven years rigorous imprisonment for the commission of offense punishable under Section 304­B, IPC and to five years imprisonment for the offense punishable under Section 306, IPC.

The appellants appealed in the High Court so that the order of conviction by the trial court could be set aside. On 06/11/2008 the High Court  impugned judgment, upheld the order of the Trial Court. Appeal filed by the appellants was dismissed. The appellants  filed the present appeals by way of Special Leave petition under Article 136,Petition under Article 136 challenging the concurrent findings of the Courts below.

WHAT COUNSELS  CONTENDED?

The  counsel appearing on behalf of the appellants contended that the prosecution was not able to prove that the accused or his relative had made a demand for dowry.

 

On the other hand, the counsel appearing on the behalf of  the respondent­ submitted that the suspicious death of the deceased victim occurred just within  1 year of marriage. The witnesses  stated the instances of demand for dowry continously.

 

ISSUES RAISED

By hearing both the counsels the Supreme Court needs to answer following questions:

 

      I.         Whether the Trial Court and the High Court for convicting the accused  under Section 304B of  IPC was correct or not?

 

    II.         Whether the Trial Court, and the High Court, in convicting the accused under Section 306, IPC was correct or not?

 

ANALYSIS OF THE CASE

 

It is important to analyze the case where death has occurred due to dowry.

Section 304­B IPC,  defines the punishment for dowry demand:-

 

304­B. Dowry death —

 

(1)  Where the death of a woman is caused due to any burns on her body or bodily injury or occurs otherwise than under normal  circumstances within 7 years of her marriage and  before her death she inflicted cruelty or harassment by her husband or any relative of her husband for, or in connection with the demand for dowry, such death if it  is caused then such death shall be caused due to  called ‘dowry death’ and such husband or his relatives shall be deemed to have caused her death.

(2)  Whoever commits the  dowry death   shall be punishable with at least 7  years imprisonment and it may extend to imprisonment for life also.

 

To put someone in conviction under Section 304­B IPC, the following essential ingredients shall be satisfied

:

(i) the death of a woman should be caused by burns on her body or bodily injury or otherwise than under a ‘normal circumstance’;

 

(ii) such  death should have occurred within the period of 7 years of her marriage;

 

(iii) she must have been suffered from  cruelty or harassment by her husband or any relative of her husband;

 

(iv) such cruelty or harassment should caused due to demand of dowry; and

 

(v) such cruelty or harassment is shown prior to her death.

 

Courts shall look for a “proximate link” between the death of the victim and the cruelty suffered by her.

 

The prosecution shows that ‘soon before her death the deceased had suffered cruelty or harassment for demanding dowry. A presumption  arises against the accused under Section 113­B of the Evidence Act.

The doctor found the smell of kerosene oil on the body of the deceased and stated that she  had suffered 85% burn injuries on her body. In the present case, death was relatable to burn injuries within seven years of marriage, it clearly satisfies the first two ingredients of the offense.

Later on it was discovered that when the brother of the deceased visited to see her  after one month of marriage on Raksha Bandhan, the deceased revealed that her husband and mother in law, used to physically harass her for bringing less dowry. He also stated that  the accused persons made a special demand for a scooter. When she was brought back to her paternal house where this fact was disclosed to the father of the deceased. It should be noted that, just before a month to her death,  the deceased had returned to her matrimonial house. The accused kept harassing her for dowry. This fact was revealed by the deceased to her father, when she had come to visit him.

 

A week before the death of the deceased, on  Teej festival, another brother of the deceased  visited her while she was in her matrimonial home. On 31.07.1995, the father of the deceased was informed by some villagers that his daughter had been admitted to the hospital. Her  father discovered that the deceased had to burn injuries on her body. Hence, it is proved that there was a proximate link between the demand of dowry and the death of the deceased. Court found that all the witnesses to be reliable and on this ground it was  held that the death of deceased was caused due to cruelty for not bring sufficient dowry.

 

From the above line, it is clear that the prosecution successfully proved that the death of the deceased was caused due to burn injuries on her body and it took place within  one year when she got married. It was also proved that soon before her death she suffered  harassment and cruelty  for demands of dowry. Here the essential elements  of Section 304­B, IPC are satisfied.

According to the statements given by the doctor, the body of the deceased was burnt with the help of kerosene oil. The Trial Court concluded:

All circumstances had proved that-

Either deceased committed suicide by sprinkling kerosene oil on herself or she was burnt by sprinkling kerosene on her body either by the accused or by someone from his relatives and the accident tried to be made out by the learned counsel for the accused, is not at all proved.”

JUDGMENT

Section 113­B, Evidence Act sates the presumption and in this case takes it takes place.

The appellants challenged conviction under Section 306, IPC.

In this case, the Trial Court and the High Court concluded that the deceased had committed suicide. The conclusion reached by the Courts is based on assumptions, as there is no evidence  to support that deceased had committed suicide.There was no sufficient evidence to prove the suicide.

The presumption under Section 113­A, Evidence Act was not helpful for the prosecution.

The essential ingredient of deceased committing suicide has not been proved by the prosecution by discoveing sufficient evidence. In this case, the prosecution was failed to establish that the death occurred due to suicide. Therefore, Courts  convicted the accused under Section 306, IPC 1860.

 

CONCLUSIONS

      The Parliament introduced amendments to the Dowry Prohibition Act, as well as the IPC 1860 by enacting Dowry Prohibition (Amendment) Act, 1986.

      Dowry is a social evil, we are trying to see how much stringent laws we can make to increase the punishment of such crimes.

      Women should be familiar with their rights and laws so that in-laws do not harass her for bringing less dowry or for not bringing dowry.

 

 

 

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