(4) Such cruelty or harassment was soon before her death. The offence of dowry death has been inserted in the IPC as Section 304-B by the Dowry Prohibition (Amendment) Act, 1986. vs. State of Punjab, (2013) 4 SCC 177, while dealing with dowry death Section 304B and 498A IPC in which death was caused by poisoning within seven years of marriage conviction was affirmed. The legislature’s effort to curb dowry deaths lead to the amendment of the Act in 1984 and again in 1986. Thus, from the evidence on record, the prosecution has proved that the deceased suffered unnatural death within 7 years of her marriage and that she was treated with cruelty in relation to demand of dowry. Informant/PW-2 Daya Ram has deposed that the marriage of his daughter Vimla was solemnized with accused appellant Ram Ajor in month of June, 1998 and he has given dowry articles like bicycle etc.. After some time, his daughter has told him that accused-appellant was making demand of golden chain and colour TV and on that account he used to harass and beat her. 19. In the case of G.V. In 2012, 8,233 dowry death cases were reported across India, while in 2013, 8,083 dowry deaths were reported. The Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death … This Criminal Appeal has been preferred against judgment and order 07.08.2006 / 08.08.2006 passed by learned Additional Sessions Judge / FTC, court No. Dowry death, in 1986 a new offence know as dowry death was inserted in the IPC by the virtue of section 304-B. 22. Amendments to the Indian Evidence Act (IEA) introduced a presumption of abetted suicide, which is a form of dowry death, and a separate presumption of dowry death. ... incorporated in the Indian Penal Code 1860 to . It is also important to note in this context that there is no charge under Section 302 I.P.C. In our view, this case does not fall in the category of a “rare case” as envisaged by the Apex Court so as to award maximum sentence of life imprisonment. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fro… (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for … A reading of Section 304-B I.P.C. According to them no injury was found on the dead body and that the same was highly decom-posed. Death should have occurred … Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. would be attracted. Section 304B Dowry death— (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be … Section 304-B of the IPC makes it an offence and dowry prohibition act 1961 definition. In this regard the statement of PW 1 is consistent with FIR and his previous statement and it is amply corroborated by PW 2. In the instant case it is clear from post-mortem report of deceased that she died of strangulation. ”Presumption under Section 113-B is a presumption of law. 29. Vs. Saleem, (2005) 5 SCC 554, Ravji Vs. State of Rajasthan, (1996) 2 SCC 175]. During course of the investigation site plan exhibit Ka-3 was prepared and statements of witnesses were recorded. (ii) Contusion 5.6 cm x 5.2 over mid part of left neck. 4. 15. No material contradiction or inconsistency could be pointed out in their testimony. We are of the view, in the facts and circumstances of the case, that a sentence of 10 years’ rigorous imprisonment would meet the ends of justice. 34. Expert Talk: Understanding Section 304B IPC On Dowry Cases by Femina | November 13, 2020, 22:55 IST More than 7,000 women were killed or moved to suicide in 2017 as a result of dowry harassment by their husbands or families-in-law, according to India’s National Crime Records Bureau. However, there is no evidence that deceased was done to death by the accused-appellant and in view of defence evidence, it appears that she was found hanging on a tree, while she has gone to collect grass. There must be existence of a proximate and live links between the effect or cruelty based on dowry demand and the concerned death. India holds the highest number of Dowry Death cases in the World. Dowry death case: HC acquits two sisters-in-law, says victim in dying declaration used singular term, not plural. Section 304-B was inserted in the IPC which creates a new offence in the name of ‘dowry death’. PW-1 Surya Bhan and PW-2 Daya Ram have made quite clear and cogent statements. (2004) 3 SCC 98, the Hon’ble Apex Court held that once the ingredients of Section 304-B IPC are fulfilled, the onus shifts to the defence to produce evidence to rebut the statutory presumption and to whom that the death was in the normal course with which the accused were not connected. (iv) Contusion 7.2 cm x 7 cm over left cheek. That belief is reinforced by cultural attitudes that consider women to be of less value than men. In case Smt. 12. Considering entire evidence, it is manifest that there is a proximate connection between the demand of dowry made by the accused-appellant and act of cruelty or harassment and the death of deceased. However, it is open to the accused to adduce such evidence for disproving the said compulsory presumption, as the burden is unmistakably on him to do so. Mishra & Anr. Let the lower court record be transmit to the trial court concerned for its information and compliance. It lays down that the court shall presume that the person who has subjected the deceased wife to cruelty soon before her death shall be presumed to have caused the dowry death if it is shown that before her death, such woman had been subjected, by the accused, to cruelty or harassment in connection with any demand for dowry. Dowry Death has been one of the most barbaric forms of cruelty inflicted on young brides in the matrimonial home. 2321 of 2009, the Hon’ble Apex Court held as under (para 9 & 10): ”9, The ingredients of the offence under Section 304-B have been stated and restated in many judgments. When his son Surya Bhan used to visit matrimonial home of deceased, she used to tell him that about torture meted out to her on account of dowry demand. Interestingly no such period is specified in S 498A. As per first information report, prosecution version is that marriage of the accused-appellant Ram Ajor was solemnized with deceased Vimla Devi (daughter of informant Daya Ram) about six years prior to the incident and that informant Daya Ram has given dowry like clothes, utensils and and watch etc. 30.6% of total cases of dowry deaths were reported in Uttar Pradesh (2335 cases) alone, followed by Bihar (1154 cases). Likewise there is a presumption under Section 113-B of the Evidence Act as to the dowry death. View cookie policy. Cases related to dowry death. PW-1 Surya Bhan, who is brother of deceased, has also made a similar statement and stated that the marriage of deceased was solemnized with accused-appellant on 20.06.1998.