Allowed¶33

Amar Ranjan v. the State of Jharkhand

Jharkhand HC8 Aug 2024Cr.A(DB)/50/2015

Case brief

AI extract

What is this about?

Dowry death Section 304B IPC conviction set aside; Section 113B Indian Evidence Act presumption rejected for want of proved dowry demand soon before death; informant (father) retraction in cross-examination; hostile relative witnesses P.W.3 Bikash Kumar Gupta, P.W.4 Ayodhya Prasad Gupta; psychiatric evidence of depressive disorder (D.W.1 Dr. M. Zalil; D.W.2 Dr. Umesh Narayan Choudhary); unnatural death within 7 years of marriage; post-mortem asphyxia by hanging (Ext.2, P.W.9 Dr. P.K. Sinha, Medical Board); benefit of doubt; sureties discharged; appeal allowed; Jharkhand High Court, Ranchi, 8 August 2024.

What did the court decide?

Impugned judgment of conviction and order of sentence passed by the learned trial Court set aside; sureties discharged from the liability of their bail bonds; Criminal Appeal (DB) allowed. ¶33

Amar Ranjan Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Impugned judgment of conviction and order of sentence passed by the learned trial Court set aside; sureties discharged from the liability of their bail bonds; Criminal Appeal (DB) allowed.

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Issue for consideration

Whether the presumption of dowry death under Section 113B of the Indian Evidence Act could lawfully sustain the appellant's conviction under Section 304B IPC when neither the informant nor the other prosecution witnesses supported/proved any unlawful dowry demand. +1 more

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Court's answer

Unlawful demand of dowry soon before death is sine qua non for the offence under Section 304B IPC.

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Ratio / Principle

Since dowry demand was not proved (informant resiled and other witnesses did not support the prosecution), the learned trial Court clearly fell in error in drawing the presumption of dowry death under Section 113B.

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Key takeaways

In the absence of proof of dowry demand, the proximate cause of the suicidal death may be the mental disorder (depressive disorder) which the deceased was suffering from.ratio¶32
On the material before the court, the appellant is entitled to get the benefit of doubt, warranting setting aside of the conviction and sentence.ratio¶32

Detailed headnote1 paragraphs

Cr. Appeal (DB) No.50 of 2015, High Court of Jharkhand, Ranchi (pronounced 8.08.2024; C.A.V. 29.07.2024; coram Ananda Sen and Gautam Kumar Choudhary, JJ.; judgment per Gautam Kumar Choudhary, J., Ananda Sen, J. concurring). Appeal against conviction dated 14.01.2015 and sentence dated 15.01.2015 — rigorous imprisonment 10 years under Section 304B IPC — by Addl. Sessions Judge-II, Hazaribagh in Sessions Trial No.501 of 2011 (Sadar P.S. Case No.212 of 2011). The court held that unlawful dowry demand soon before death is sine qua non for a Section 304B offence; the informant-father resiled from his dowry-demand allegation in cross-examination and other relative witnesses (P.W.3, P.W.4) did not support prosecution; medical evidence showed the deceased suffered mental depressive disorder (post-mortem: asphyxia due to hanging). Accordingly, drawing of the Section 113B presumption was held erroneous; appellant entitled to benefit of doubt; conviction and sentence set aside, sureties discharged; appeal allowed.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (DB) No.50 of 2015

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(Against the Judgment of conviction dated 14.01.2015 and order of sentence dated 15.01.2015, passed by learned Addl. Sessions Judge-II, Hazaribagh, in Sessions Trial No.501 of 2011.

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Amar Ranjan, S/o Sri Sudhir Prasad Gupta, resident of Village Mahesh Soni Chowk, Kumhar Toli Road, P.O. – Hazaribagh, P.S. Sadar, District- Hazaribagh (Jharkhand). …. Appellant

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…. Appellant

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Versus

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The State of Jharkhand.

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….. Respondent

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P R E S E N T

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HON’BLE MR. JUSTICE ANANDA SEN

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HON’BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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….. For the Appellant : Mr. B. M. Tripathi, Sr. Advocate Mr. Naveen Kumar Jaiswal, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P.

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JUDGMENT

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C.A.V. on 29.07.2024 Pronounced on 8. 08.2024.

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Per Gautam Kumar Choudhary, J . Heard learned counsel for the appellant and learned counsel for the State.

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1. The instant Criminal appeal is directed against Judgment of conviction dated 14.01.2015 and order of sentence dated 15.01.2015, passed by learned Addl. Sessions Judge-II, Hazaribagh, in Sessions Trial No.501 of 2011 (arising out of Sadar P.S. Case No.212 of 2011 and G.R. No.929 of 2011), whereby the sole appellant has been convicted for the offence under Section 304B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment of 10 years.

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2. Informant is the father of the deceased and Hazaribagh (Sadar) P.S. Case No.212 of 2011 under Sections 304B IPC and under Sections 3 /4 of the D. P. Act against the appellant and three others (in-laws) was registered on the basis of written report lodged by him .

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3. Daughter of the informant was married to the appellant on 06.06.2010 and the normal conjugal life lasted only for 2-3 months. After the appellant (husband) lost his job and in order to start a business, he asked his daughter to make demand of Rs.4 Lakhs from him. This was intimated to him by his daughter, to which he expressed his inability. It is alleged that the accused persons started subjected the

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deceased to cruelty in reference to dowry demand. On 13.04.2011, he received information regarding death of his daughter.

After investigation, charge-sheet was submitted against the appellant and his mother and they were put on trial for the offence under Sections 304B/34 IPC with alternative charge under Sections 302/34 IPC was also framed.

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Learned Trial Court acquitted the mother in law (Nitu Gupta) of the charges and convicted the appellant.

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It is argued by learned Senior counsel for the appellant that there is no direct eyewitness to the incidence and presumption of dowry death has been drawn by the learned Trial Court under Section 113B of the Indian Evidence Act without any legal evidence to support dowry demand. The main contention raised at Bar is that the informant, in Paras 13 and 14 of his cross-examination, has specifically stated that neither his daughter nor the appellant (son-in-law) had ever made any dowry demand or any other demand.

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7. It is submitted that the other prosecution witnesses who are relatives of the deceased being P.W.3 (Bikash Kumar Gupta), P.W.4 (Ayodhya Prasad Gupta) have also not at all supported the case of prosecution and were declared hostile. 8. It is further argued that the deceased was suffering from mental depressive disorder and was under the treatment of Psychiatrist. The Doctors who had treated the deceased have been examined as D.W.1 and D.W.2. D.W.1 (Dr. M. Zalil) has deposed that the deceased was diagnosed as suffering from depressive disorder. Patient was referred to him by Dr. Umesh Naryan Choudhary (D.W.2) and it has been deposed by him that he has been posted in Mental Hospital, Kanke from 1996-97 and in Para-3 he has deposed that the husband (appellant) informed that she was suffering from depression and loss of sleeping and she was referred for treatment to Dr. Zalil.

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9. Learned Spl.P.P. for the State has defended the impugned judgment of conviction and sentence. As per the post-mortem examination report (Ext.2), the deceased died due to Asphxia by hanging. P.W.9 (Dr. P. K. Sinha) who has deposed that he was one of the members of the Medical Board constituted by Civil Surgeon, Hazaribagh who conducted post-mortem examination on the person of the deceased.

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10. Heard, learned counsel for the parties and perused the materials available on record. Unlawful demand of dowry soon before death is sine-qua-non for the offence under Section 304 B IPC. It is not in dispute that the deceased died

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unnatural death within 7 years of the marriage, but the informant has completely resiled from his statement as made in the examination in chief, that there was any unlawful demand. The other witnesses have also not supported the case of prosecution regarding unlawful demand. Medical evidence suggests that deceased was suffering from mental depressive disorder.

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11. Under the circumstances, in the absence of dowry demand having not been proved, learned trial Court clearly fell in error to draw presumption of dowry death under Section 113 B of the IPC. In the absence of proof of dowry demand, proximate cause of suicidal death may be mental disorder which the deceased was suffering from. Appellant is therefore entitled to get benefit of doubt.

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Accordingly, the impugned judgment of conviction and order of sentence passed by the learned trial Court is set aside. The sureties are discharged from the liability of their bail bonds.

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The instant Criminal Appeal (DB) stands allowed.

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Let L.C.R. along with a copy of this judgment be sent to the court concerned at once.

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( Gautam Kumar Choudhary, J .)

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Per Ananda Sen, J . I agree.

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Jharkhand High Court, Ranchi Dated 8^th August, 2024. sandeep/

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