Brief facts of the case
The petitioner is the mother of the one who was found dead at the residence of her husband . A crime was registered by the police station under Section 174 CrPC for unnatural death on the basis of the statement given by the sister of the deceased. The sub inspector who conducted the investigation is respondent no.4 in this Criminal Miscellaneous case before the court.
The petitioner alleged before the court that respondent no.4 is not conducting a fair investigation. According to the petitioner, the husband of the deceased harassed the deceased both physically and mentally demanding more dowry and it was on account of the said persistent harassment, the deceased committed suicide. In short, their case is that this is a clear case of dowry death. However, the 4th respondent after conducting investigation found that the deceased committed suicide due to some depression and nobody is responsible for her death and a final report was filed to that effect.
The learned counsel for the petitioner has submitted that the materials collected during investigation would clearly show that the husband of the deceased has subjected the deceased to cruelty and harassment soon before her death demanding more dowry and it was on account of the said harassment and cruelty, the deceased committed suicide and this is a fit case where offence under Section 304B of Indian Penal Code 1860.
The counsel further submitted that 4 th respondent who conducted investigation did not conduct any investigation worth the name and the investigation was conducted only to help the real culprit. The death took place within a period of three years of the marriage.
High Court’s Observation
The court observed that Section 113 B of the Indian Evidence Act, deals with presumption as to dowry death. The presumption under the said provision is mandatory in nature.
“It says that, when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death.”
The court furthered observed that the respondent failed to take note of the relevant provisions of the statute under the Indian Evidence Act and also Section 304B of IPC and the clear statement given by the sister and parents of the deceased.
The court set aside the report submitted by the 4the Respondent. The court further directed the Superintendent of police to reopen the investigation and hand it over to another officer in the rank of Circle Inspector of Police and conduct proper investigation in the light of the findings in this order.
CASE- Baby S ,Wife of Rajan S V. State of Kerela
CORAM- Justice Dr. Kauser Edappagath
CITATION- CRL.MC NO. 2300 OF 2022
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