DAMODAR & ANR. V. THE STATE OF UTTAR PRADESH, 2024 (SC) 607
FACTS:The marriage between Smt. Sunita and the first appellant took place in 1988, but the marital ceremony (Gauna) was only conducted in 1992, after which she moved to her matrimonial home in Azamgarh. Tragically, Smt. Sunita died from 100% burn injuries on September 1, 1994, within seven years of marriage. Initially deemed an accidental death, suspicions later led to the registration of Case Crime No. 348 of 1994 on October 20, 1994. The trial resulted in the acquittal of the appellants, which was initially upheld by the High Court.
Issue: Is the husband liable for dowry death if he slept in the same room but remained unharmed when his wife died from burn injuries?
OBSERVATION:The Supreme Court upheld the conviction of the husband in this dowry death case, emphasizing that he failed to discharge the presumption of dowry death under Section 113B of the Indian Evidence Act. The Court noted that the prosecution had established that Smt. Sunita
experienced harassment and cruelty leading to her death within seven years of marriage. Consequently, the burden shifted to the husband to rebut the presumption. The Court found that the appellants did not provide satisfactory explanations for the incriminating evidence during their Section 313 Cr.P.C. statements. Thus, the Court sustained the conviction of the appellants.
