In Baby S vs State of Kerala, the Single Bench of Kerala HC, While reiterating that , Section 113 B of the Indian Evidence Act, deals with presumption as to dowry death, has held 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, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death.
Facts
On the basis of the sister of the deceased's statement, a case for an unnatural death under Section 174 of the Cr.P.c was registered.
The petitioner addressed the Court during the course of the case inquiry and claimed that the SI was not performing an impartial investigation. The petitioner claims that the deceased's husband repeatedly tormented the dead, physically and mentally, demanding more dowry, and that it was because of this relentless harassment that the deceased committed suicide. They argue, in essence, that this is an obvious example of dowry death.
In the meantime, the SI investigated and discovered that the deceased committed suicide as a result of depression and that no one was to blame for her passing. A final report was then submitted in that regard.
Contention Made
Appellant: The deceased committed suicide and this is a fit case where offence u/s 304 B of IPC should have been charged against the husband of the deceased. The counsel further submitted that, who conducted investigation did not conduct any investigation worth the name and the investigation was conducted only to help the real culprit.
Respondent’s: The sister of the deceased provided the First Information Statement, which was based on an examination by the court of the Case diary and Final report. During their investigation, the police recorded the testimony of the deceased's parents and another sister.
There are obvious claims that the deceased's spouse subjected the deceased to cruelty and harassment in connection with the demand for dowry shortly before her death in the FI Statement of the de facto complainant as well as in the statements of the deceased's parents and sister. A few of the neighbors made statements in agreement with the same.
Court Observation
The Single Bench of Kerala HC, after analyzing the brief facts conducted during the course of investigation 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.
This is a case where the death was taken place within a period of three years of the marriage. 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, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death.
The Hon’ble Bench Further Observed that; When harassment takes place in connection with dowry demand inside the matrimonial home, we cannot expect independent witnesses. The question is whether the statement given by the close relatives is believable or not.
Court Judgment
The Kerala HC, while noting that SI has failed to take note of the relevant provisions of the statute under the Indian Evidence Act mentioned above and also Section 304 B of IPC and the clear statement given by the sister and parents of the deceased, has held that final report submitted by the cannot be sustained and accordingly, it is set aside.
Hence, Court Further directed to reopen the investigation and hand it over to another officer and conduct proper investigation in the light of the findings in this order and file final report thereafter.
Case: Baby S vs State of Kerala
Citation: CRL.MC NO. 2300 OF 2022 CRIME NO.2960/2021
Bench: Hon’ble Dr. Justice Kauser Edappagath
Decided on: 5th August, 2022.
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