State appealed against acquittal in dowry death case. Court held prosecution failed to prove dowry demand and ill-treatment compelled Benr mother's suicide. Acquittal upheld.
Appeal dismissed, acquittal of accused upheld, no interference with trial court judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 511 OF 1990
The State of Maharashtra... Appellant
V/s
1. Tukaram Vithal Janmale
2. Vithal Laxman Janmale
3. Shivamma Vithal Janmale... Respondents
(Ori.Accused 1to3)
Mr. P.S. Hingorani, A.P.P. for the appellant State.
CORAM: D. G. DESHPANDE &
SMT. NISHITA MHATRE, JJ.
DATED: 7TH JUNE, 2007.
P.C.:
1. Heard the learned A.P.P. for the State. Nobody is
present for the accused respondents.
2. This appeal is filed by the State against the
acquittal of the accused under Sections 306, 498-A read
with Section 34 and 304-B read with Section 34 of the
Indian Penal Code.
3. The case of the prosecution was that the accused
No.1, against whom the appeal is admitted, ill-treated
his wife for the fulfilments of demand of dowry to such
2
an extent that she was compelled to commit suicide.
4. The prosecution examined father of the victim only
as a witness to support this allegation. In his entire
evidence, which was read before us, he only says that
his daughter was not treated properly on account of
demands. There is no allegation by the father that the
daughter was ill-treated, beaten, physically assaulted
or mentally tortured to such an extent as to compell her
to commit suicide. Therefore, it is clear that the
prosecution could not prove even the basic ingredients
of Sections 306, 498-A and 304-B of the Indian Penal
Code. It is true that Renuka died within seven years of
her marriage but even for drawing presumption under
Section 304-B of the Indian Penal Code and under the
Evidence Act, the prosecution has to prove the
consistent demand of dowry followed by ill-treatment of
grave nature. Nothing is there in the record.
Therefore, the judgment of the trial Court is not
required to be interfered with.
5. Hence, the appeal stands dismissed.
(D.G. DESHPANDE, J.)
3
(SMT. NISHITA MHATRE, J.)
3 issues framed by the court
Whether the prosecution proved the consistent demand of dowry followed by ill-treatment to compel a woman to commit suicide.
Whether the basic ingredients of Sections 306, 498-A and 304-B IPC were established by the prosecution evidence.
Whether the trial court's judgment of acquittal requiring interference.
The State of Maharashtra
Tukaram Vithal Janmale
Vithal Laxman Janmale
Shivamma Vithal Janmale
D. G. Deshpande
Nishita Mhatre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court