In a significant ruling, a Supreme Court Bench consisting of Justice S Ravindra Bhat and Justice Aravind Kumar has overturned the conviction of an accused in a dowry-death case under Section 304B. This decision was based on the observation that the dying declaration did not indicate a direct connection between the act of committing suicide and the preceding demand for dowry. In the said matter, a young woman took her own life by immolating herself, driven to this desperate act by the severe physical and emotional abuse inflicted upon her by her in-laws, who were demanding dowry.

In that context, it was said that, "This Court having arrived at a conclusion that the dying declaration made by the deceased as per Ex.P-45 being genuine and when said declaration is perused it would not suggest that there was any proximate nexus to the act of committing suicide on account of preceding demand for dowry or in other words the demand of dowry on any particular date having triggered the deceased to commit the suicide or forced her to selfimmolate. This proximate link not being available in the facts obtained in the present case, we are of the considered view that conviction of the accused under Section 304B cannot be sustained."

This case revolved around the tragic demise of Akkamahadevi, who was the third daughter of the complainant, Shri Chandappa Gooli. Akkamahadevi had been married to the second respondent, accused No. 1, in May 2010. Subsequently, allegations emerged regarding the exchange of a dowry of Rs. 31,000 and 1.5 tolas of gold, with further demands for an additional dowry of Rs. 50,000 and more gold. It was alleged that accused No. 1 and his parents had subjected Akkamahadevi to both physical and psychological abuse, ultimately resulting in her self-immolation and tragic suicide in December 2010.

The prosecution initiated legal proceedings against the accused, resulting in their conviction by the Trial Court. The primary evidence leading to their conviction was a dying declaration made by the deceased just before her passing due to burn injuries. The accused subsequently filed an appeal, contending that the deceased was in a physically and mentally unfit condition to provide a truthful and voluntary statement. 

Despite this appeal, the High Court upheld the conviction, emphasizing the credibility of the dying declaration. The current appeal seeks to challenge the High Court's decision in this matter.

‘’Dying declaration Ex.P-45 in the instant case which came to be accepted by the courts below cannot be found fault with, particularly, in the backdrop of the evidence tendered by the person who recorded the same as per Ex.P-45 and he having stood to his ground in the cross-examination and having spoken about her mental capability to make such statement and that too consciously.", the Court said.

Furthermore, the Court examined the issue of whether the accused could be convicted for the offense under Section 306 of the Indian Penal Code (IPC), which requires the presence of suicidal death and abetment of such an act.

The act of cruelty has been spelt out by none else than the victim herself in her dying declaration Ex.P-45. She has in clear words stated all the accused were harassing her by stating that her father had given less dowry and customary gifts to her husband and being unable to tolerate this mental torture, she had set fire to herself on the fateful day.

The appellants were acquitted of the charges under Section 304B of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act. However, they were convicted for the offenses under Section 306 and Section 498A of the IPC, read with Section 34, and were sentenced to imprisonment for the period they had already undergone, along with a fine of Rs. 5,000 each.

Case Title: Paranagouda and Another vs The State of Karnataka and Another