Full Judgment Text
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NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.911/2023
@ SPECIAL LEAVE PETITION NO. 4639 OF 2018
MUNSHI .… Appellant
Versus
STATE OF UTTAR PRADESH … Respondent
J U D G M E N T
Rajesh Bindal, J.
1. The present appeal was filed by three convicts
namely Kamlesh Singh, Vishwaraj Singh and Munshi
Singh. Vide order dated 17.05.2018, the appeal qua
appellant Nos. 1 and 2 was dismissed and notice was issued
only qua appellant No.3, namely, Munshi. He is the brother
of husband of the deceased. The other two appellants are
husband and brother of the deceased.
Signature Not Verified
2. An FIR (Crime Case) No.30 of 1993 was registered
Digitally signed by
Anita Malhotra
Date: 2023.03.24
16:21:02 IST
Reason:
on the complaint of Chander Singh (PW1) son of
Muneshwar Singh stating therein that marriage of his sister
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Janki Devi (deceased) was solemnised with Kamlesh Singh
about four years ago. Sufficient dowry was given as per
their standard. Immediately after the marriage, family of the
husband started demanding a buffalo and a Vicky and
pressurised her. She was even beaten up. His deceased
sister had talked to him about this many times. When he
talked to the husband and her inlaws about this, he was
abused and pushed out of their house. They threatened
that they will kill her sister.
3. On 27.02.1993, Vishwaraj Singh (brotherinlaw
of the deceased) said to his brother Shivraj Singh (PW2)
that in case the demand is not met, it will not be good for
them. On 28.02.1993, having come to know about the
death of his sister, a complaint was made to the police that
she had been killed as the demand of dowry was not met.
Chargesheet was presented. After trial, Kamlesh Singh, the
husband, Vishwaraj Singh and the present appellant,
brothersinlaw of the deceased, were held guilty of charges
under Sections 304B and 498A of the Indian Penal Code,
1860 (for short “the IPC), and Section 4 of the Dowry
Prohibition Act, 1961. They were convicted and sentenced
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to undergo 10 years rigours imprisonment under Section
304B, 2 years under Section 498A of the IPC and 2 years
rigorous imprisonment under Section 4 of the Dowry
Prohibition Act, 1961. In appeal filed before the High Court
at Allahabad, the judgment and order of the trial court was
upheld and the appeal was dismissed.
4. The learned counsel for the appellant No.3
Munshi submitted that no case was made out against him
as there are no direct allegations regarding his being party to
alleged torture of the deceased for demand of dowry. The
allegations in the complaint or the evidence led are quite
general in nature. The appellant had been convicted only
with the aid of Section 113B of the Indian Evidence Act,
1872 (for short “the Evidence Act”) on presumption.
However, that presumption will not be available in the case
in hand for the reason that there is no evidence of cruelty or
harassment in connection with demand of dowry soon before
the death of the sister of the complainant. The appellant
being the brother of husband of the deceased was not going
to receive anything, neither the buffalo nor the Vicky. Even
Section 304B IPC also provides that any cruelty or
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harassment by the husband or any relative has to be soon
before the death. In fact, the deceased died of consuming
poison for which the appellant has nothing to do with in
particular.
5. On the other hand, the learned counsel for the
State submitted that it is a case of dowry death just four
years after the marriage. A young girl was killed on account
of torture for not meeting the demands of greedy inlaws.
There are specific allegations in the complaint and the
evidence led by the prosecution. The appeal qua husband
and one of the brotherinlaw of the deceased has already
been dismissed by this Court and the fate of the present
appeal also has to be in the same line as his role is also
similar.
6. Heard learned counsel for the parties and perused
the relevant referred record. The cause of death as available
from the forensic report is poison. The allegation in the FIR
lodged by the brother of the deceased is that the marriage of
his sister was solemnised with Kamlesh Singh about four
years prior to the incident. They were not happy with the
dowry and had been making repeated demand of buffalo and
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a Vicky. As the same was not fulfilled, the deceased was
being harassed. They had even misbehaved with the
complainant when he visited to resolve the issue. They had
even threatened to kill her.
7. It is not in dispute that there is no eyewitness to
the crime. The entire case of the prosecution rests on
circumstantial evidence of the prosecution. Total four
witnesses have been examined by the prosecution. Chander
Singh (PW1) had stated that even a day before the
occurrence when his brother Shivraj Singh (PW2) had gone
to see the parikrama mela, Devgawan, where he met the
accused Vishwaraj Singh, the other brotherinlaw of the
deceased, who reiterated the demand of dowry. In his entire
statement, besides the general allegations that the sister of
the deceased was being harassed for not meeting their
demand of buffalo and a Vicky, the appellant has not been
specifically named. To put the record straight, it is added
here that Vishwaraj Singh’s conviction has been upheld.
However, nothing specific has been stated by Chander Singh
(PW1)the complainant to bring home the guilt of the
appellantMunshi for raising presumption as contained in
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Section 304B IPC read with Section 113B of the Evidence
Act. In his crossexamination, he stated that he had seen
his sister 4/5 months before her death. That means he had
not even visited the matrimonial house of the sister on the
birth of her daughter who was about two months old at the
time of incident. Similarly, in the statement of Shivraj
Singh, brother of the complainant, the allegations are quite
general in nature with no specific allegation against the
appellant soon before the incident, which is sine qua non for
invoking presumption under Section 304B IPC and 113B of
the Evidence Act.
8. For the reasons mentioned above, in our view, the
evidence produced on record by the prosecution is not
sufficient to uphold the conviction of the appellantMunshi
who is brotherinlaw of the deceased, by raising
presumption.
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9. Accordingly, the appeal is allowed and the
judgments and orders passed by the High Court and the
Trial Court are set aside with respect to the conviction and
sentence of the appellantMunshi. Bail bonds submitted by
him are cancelled.
…………………J.
[Abhay S. Oka]
.…………………J.
[Rajesh Bindal]
New Delhi
March 23, 2023.