Single bench held that charges of dowry death under Section 304-B IPC could not be framed as the incident occurred after seven years of marriage. The quashing order was partly allowed.
Impugned order framing charge under Section 304-B IPC is set aside; remaining charges upheld.
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 FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 481/2018.
Pradeep Rao @ Pradeep Singh Rao S/o Sh. Mohan Singh Rao, By Caste Rajput, Aged About 39 Years, R/o House No. 1940, Kashero Ki Gali, Ghee Walon Ka Rasta, Johari Bazar, Jaipur, P.s. Manak Chowk, Jaipur, (Raj).
----Petitioner
Versus
State Of Rajasthan Through P.p.
----Respondent
For Petitioner(s) : Shri Sanjay Sharma For State : Shri V.S. Godara, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
26/4/2018
Petitioner has filed this petition under Section 397 read with Section 401 Code of Criminal Procedure, 1973 challenging the order dated 3.2.2018 whereby charges were ordered to be framed against the petitioner.
Learned counsel for the petitioner has submitted that the trial court has erred in ordering the framing of the charge against the petitioner under Section 304-B Indian Penal Code, 1860. Petitioner had got married to the deceased on 2.7.2006. Wife of the petitioner committed suicide, i.e. by hanging on 31.12.2016.
Learned State Counsel has opposed the petition.
Section 304-B IPC reads as under:-
“ 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
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connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.”
Thus, as per the above provision, where a woman dies an unnatural death within 7 years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband in connection with demand of dowry, he was liable to be punished as per the above provision. However, in the present case, petitioner had got married to the deceased on 2.7.2006 whereas wife of the petitioner had committed suicide on 31.12.2016. Thus, wife had committed suicide after more than 10 years of her marriage. As per the suicide note left by the deceased, she had alleged that she was tired of daily abuses and did not want to live as she believed that she would not get happiness in her life. After her marriage, her in-laws had only harassed her.
In the facts and circumstances of the present case, no offence under Section 304-B IPC could be said to have been made out. Learned counsel for the petitioner has not challenged the impugned order, whereby charges were ordered to be framed against the petitioner under Section 498-A, 302, 306 IPC.
Accordingly, this petition is partly allowed. Impugned order dated 3.2.2018, whereby charge was ordered to be framed against the petitioner under Section 304-B IPC is set aside. Remaining part of the order is upheld.
(SABINA)J.
Mrg./45
2 issues framed by the court
Whether the trial court erred in framing charges for dowry death under Section 304-B IPC given the delay in the incident.
Whether the High Court can quash the framing of charges under Section 304-B IPC in a revision petition.
6 provisions across 2 enactments
Pradeep Rao
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
