Recently, the Supreme Court of India held that the mere death of a wife under unnatural circumstances, in a matrimonial home, within seven years of marriage is not sufficient to convict the husband for dowry death.

“Mere death of the deceased being unnatural in the matrimonial home within seven years of marriage will not be sufficient to convict the accused under Section 304B and 498A IPC.”

A division bench comprising Justice AS Oka and Justice Rajesh Bindal set aside the conviction under Sections 304B (dowry death), 498A (husband or relative of husband of a woman subjecting her to cruelty), 201 of the Indian Penal Code imposed by the Trial Court and upheld by the Uttarakhand High Court. The Trial Court had sentenced the appellant to undergo rigorous imprisonment for 10 years under Section 304B, 2 years under Section 498A and 2 years under Section 201(causing disappearance of evidence of the offence, or giving false information, to screen offender) IPC. However, the High Court reduced the sentence under Section 304 to seven years.

Case Brief:

In the said matter, the deceased wife got married to an appellant, and after two years of marriage, the father of the deceased filed a complaint with the local Police Station alleging dowry death. He provided a detailed account of the dowry demands made by his daughter’s in-laws. The father further claimed that his daughter was beaten up and strangulated to death by her husband (appellant), brother-in-law and mother-in-law; and they cremated her body without informing the father.

Post investigation chargesheet was filed against all three. The Trial Court convicted them under Sections 304B, 498A and 201 of the Indian Penal Code. In appeal, the High Court of Uttarakhand set aside the conviction and sentence of the brother-in-law and the mother-in-law, acquitting them of all the charges. The appellant’s term of sentence under Section 304B was reduced from ten to seven years. 

The Court noted that the conviction of the appellant under Sections 304B and 498A IPC raises presumption regarding dowry death within seven years of marriage. On perusal of Sections 304B, 498A IPC; Section 113B of the Indian Evidence Act; and the judgments pertaining to dowry death, the Court thought fit to examine if in the present case the presumption can be raised against the appellant, thus shifting the onus on him to prove his case.

The Court concluded -

“The aforesaid evidence led by the prosecution does not fulfil the pre-requisites to invoke presumption under Section 304B IPC or Section 113B of the Indian Evidence Act. Even the ingredients of Section 498A IPC are not made out for the same reason as there is no evidence of cruelty and harassment to the deceased soon before her death.”

Case Details - Charan Singh @ Charanjit Singh v. State of Uttarakhand