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Criminal LawSupreme Court of India

Rajinder Kumar v. State of Haryana

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 799 of 2011)Decided 14 Jan 2015
Criminal Appeal No. 799 of 2011
Justice Sudhansu Jyoti Mukhopadhaya · Justice N.V. Ramana

Background

Raj Rani married Rajinder Kumar in May 1996 after the complainant (her brother) gave substantial dowry. Soon after, she was allegedly harassed by her husband and in-laws for further dowry demands, including a demand for Rs.20,000 made shortly before her death. The Trial Court convicted the husband under Section 304B IPC (dowry death) and the Punjab & Haryana High Court upheld the conviction and sentence; he then appealed to the Supreme Court.

Decision Breakdown

The Court restated the five essential ingredients of Section 304B IPC, death within seven years of marriage, death otherwise than under normal circumstances, cruelty/harassment by husband or relatives connected with a dowry demand, and such harassment occurring "soon before" death, and explained that Section 113B of the Evidence Act creates a legal presumption of dowry death once these elements are proved, shifting the burden to the accused. On the facts, it found the complainant's and another witness's testimony clearly established dowry-related harassment of Raj Rani shortly before her unnatural death within seven years of marriage. Concluding the prosecution had proved all the statutory ingredients, the Court held the Trial Court and High Court had rightly applied the presumption and upheld the conviction. The appeal was dismissed and the appellant ordered to be taken into custody to serve the remainder of his sentence.

Lesson Learnt

In dowry death cases, once it is proved that a woman died an unnatural death within seven years of marriage after being harassed for dowry shortly beforehand, the law presumes the accused caused the death: it is then on the accused to rebut that presumption, not on the prosecution to prove intent separately.

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