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2015 (7) TMI 1409 - SC - Indian LawsDemand of Dowry - suspected case of death caused due to poisoning - allegation of suicide, correct or not - Sections 304B, 498A Indian Penal Code and Under Sections 3 and 4 of the Dowry Prohibition Act - HELD THAT:- In the case at hand, PW-1 was not confronted with his statement recorded by the police Under Section 161 Code of Criminal Procedure to prove the contradiction nor his statement marked for the purpose of contradiction was read out to the investigating officer. When neither PW-1 nor the investigating officer were confronted with the statement and questioned about it, PW-1's statement recorded Under Section 161 Code of Criminal Procedure cannot be looked into for any purpose much less to discredit the testimony of PW-1 and the prosecution version. PW-1 in his evidence clearly stated that one year before the marriage he had sold his land for Rs. 2,50,000/- and he has stated that he withdrew the money from the banks three-four months prior to marriage. PW-1 further stated that he withdrew Rs. 1,00,000/- from his G.P.F. account one year before the marriage and deposited the money in his Central Bank Account, D.B.S. College Branch and whenever he needed, he used to withdraw money from his account. In his evidence, PW-1 has clearly narrated about the details of money paid to the Appellants i.e. payment of amount of Rs. 11,000/- and Rs. 15,000/- was given on the occasion of 'Tika' ceremony', Rs. 50,000/- each paid on three different dates; fixed deposit amount of Rs. 63,000/- left in the account of Archana which was matured was also withdrawn and paid to the Appellants on 11.07.1997. Evidence of PW-1 regarding making payments to the Appellants is cogent and consistent and is amply strengthened by the bank statements. Non-mention of details of money paid to the Appellants and the demand of dowry and cruelty and harassment meted out to Archana in the statement of PW-1 does not affect the credibility of PW-1. As rightly observed by the High Court, it cannot be expected from a father to narrate everything when he himself was in agony due to death of his own daughter. So far as the suicide note is concerned, Archana is said to have stated that she is taking the step "suicide" because her mental condition is not good and that nobody should be held responsible for her act. It is pertinent to note that suicide note was not discovered during investigation but it was later produced by the Appellants. When PW-1 (father of Archana) was confronted with the suicide note, PW-1 denied it to be in the hand writing of Archana. Appellants have not taken steps to prove the suicide note to be in the hand writing of Archana. Even assuming the suicide note to be true, the fact remains that the death of Archana was unnatural. The contents of the suicide note does not affect consistent version of PW-1 and PW-2. Where the prosecution has shown that 'soon before her death' the deceased was subjected to cruelty or harassment by the husband or in-laws in connection with demand for dowry, the presumption Under Section 113B of Evidence Act arises and the Court shall presume that such person who had subjected the woman to cruelty or harassment in connection with any demand for dowry shall be presumed to have caused the dowry death. The presumption that arises in such cases may be rebutted by the accused - Prosecution has established beyond reasonable doubts that 'soon before her death' Archana was subjected to cruelty and harassment by her husband and her in-laws in connection with demand of dowry. The accused were not successful in rebutting the presumption raised Under Section 113B of the Evidence Act. Concurrent findings of the courts below convicting the Appellants Under Section 304B Indian Penal Code is based upon proper appreciation of evidence and convincing reasons. The courts below rightly convicted the Appellants Under Sections 304B and 498A Indian Penal Code and Sections 3 and 4 Dowry Prohibition Act and in exercise of jurisdiction Under Article 136 of the Constitution of India, we find no ground warranting interference with the conviction of the Appellants. Bearing in mind the facts and circumstances of the case and the occurrence was of the year 1997 and that the accused Rahul Mishra is in custody for more than five years, interest of justice would be met if life imprisonment awarded to him is reduced to imprisonment for a period of ten years. Appellants V.K. Mishra and Neelima Mishra, each of them have undergone imprisonment of more than one year. Appellants No. 1 and 2 are aged about seventy and sixty four years and are said to be suffering from various ailments. Considering their age and ailments and facts and circumstances of the case, life imprisonment imposed on Appellants V.K. Mishra and Neelima Mishra is also reduced to imprisonment of seven years each. Appeal allowed in part.
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