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2007 DIGILAW 1058 (MP)

State of M. P. v. Badri Prasad

2007-09-26

AJIT SINGH, RAKESH SAKSENA

body2007
ORDER 1. The State has filed this application for grant of leave to appeal against the judgment dated 17.1.2007, passed by Additional Sessions Judge, Sihora, District Jabalpur, in Sessions Trial no. 335/06, acquitting the respondent/accused from the offence under section 304-B of India Penal Code. 2. Respondent Badri Prasad was married to Sharda (deceased) in the year 2005. On 21st April 2006, Shara died of bum injuries at her husband's house. According to prosecution, Badri Prasad used to demand Rs. 7,000/and a cycle in dowry and on not meeting the demand, used to harass Sharda and subject her to cruelty, due to which, ultimately, she committed suicide by setting herself on fire. 3. Learned trial Court, though held the respondent guilty for the offence under section 498-A of Indian Penal Code, however, acquitted him from the charge under section 304-B of Indian Penal Code. 4. Learned counsel for the State submits that the trial Court mis-appreciated the evidence of Janaklal (PW 1) and Gayabai (PW 3) who are respectively the father and mother of the deceased and thereby committed error in acquitting the respondent. 5. From the evidence of Dr. S.S. Thakur (PW 4), who performed the postmortem examination of the body of Sharda, it is established that she had suffered excessive bum injuries. The bums were of 5 degree and 90% part of the body was burnt. It is thus established that Sharda had died by bum injuries. 6. It is settled that in order to bring home the charge of the offence under section 304-B of Indian Penal Code, it is not enough to prove that harassment or cruelty was caused to woman with a demand of dowry at some time. But it should have happened "soon before death". Though it is an elastic expression and can be referred to a period either immediately before her death or within a few days or even a few weeks before it. But the proximity to her death is the pivot indicated by the expression. The word "soon before her death" is to emphasise the idea that her death should, in all probabilities, have been the result of such cruelty or harassment i.e. there should be a perceptible nexus between her death and dowry related harassment or cruelty inflicted to her. 7. But the proximity to her death is the pivot indicated by the expression. The word "soon before her death" is to emphasise the idea that her death should, in all probabilities, have been the result of such cruelty or harassment i.e. there should be a perceptible nexus between her death and dowry related harassment or cruelty inflicted to her. 7. On perusal of the evidence of Janaklal (PW 1) and Gayabai (PW 3), it is found that at the time of marriage of Sharda there was no demand. Everything was peaceful. For the first time, after the death of Sharda, it was said by the witnesses that whenever Sharda came to their house, she informed them that Badri Prasad used to ask her to bring a cycle and Rs. 7,000- and on her not doing so, used to beat her. However, it has also come on record that Sharda had come to their house at 'Sankranti' and after staying there for 8 days, she had been taken back by her husband. Thereafter she died of burn injuries on 21st April 2006. During this intervening period of about three months, neither they went to meet Sharda nor Sharda came to their house. They did not receive any message that she had been treated with cruelty at her husband's house. 8. The trial Court, taking into consideration the fact that there was no evidence that Sharda was harassed or treated with cruelty by her husband during the aforesaid period and that she was driven to commit suicide due to the effect of cruelty or harassment for or in connection with dowry demand by her husband, held that no offence under section 304-B of Indian penal Code was made out. 9. In our considered opinion, since the facts and circumstances appearing in the present case does not show the existence of proximate or live link between the fact of cruelty or harassment by the respondent for or in connection with dowry demand and death of Shardabai, it cannot be held that she was subjected to cruelty in connection with demand of dowry soon before her death. 10. In this view of the matter, we do not find any error in the impugned judgment passed by trial Court, acquitting the respondent from the charge under section 304-B of Indian Penal Code. Therefore, no case is made out for grant of leave to appeal. 10. In this view of the matter, we do not find any error in the impugned judgment passed by trial Court, acquitting the respondent from the charge under section 304-B of Indian Penal Code. Therefore, no case is made out for grant of leave to appeal. Accordingly, this application for grant of leave to appeal is dismissed.