KASHMIRA DEVI versus STATE OF UTTARAKHAND & ORS.

KASHMIRA DEVI versus STATE OF UTTARAKHAND & ORS.

Prosecution established that the deceased, within seven years of marriage, was subjected to cruelty and harassment in connection with dowry soon before her death and died an unnatural death; the statutory presumption under Section 113-B Evidence Act therefore applied and was not rebutted by the accused; the dying declaration dated 13.02.2008 was independently reliable and supported conviction under Sections 304-B and 498-A IPC; sentence of life imprisonment was modified to rigorous imprisonment for seven years on mitigation.

Parties
Appellant: Kashmira Devi; Respondent: State of Uttarakhand; Proforma Respondent: Jagdish Singh; Co Accused: Govind Singh; Co Accused: Mahendra Singh
Jurisdiction
India
Judgment Date
28 January 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal partly allowed
Legal Topics
Dowry Death, Dying Declaration, Section 304 B IPC, Section 498 a IPC, Presumption Under Section 113 B Evidence Act
Penal Code, 1860 Evidence Act, 1872 Criminal Procedure Code Dowry Death Dying Declaration Section 304 B IPC Section 498 a IPC Presumption Under Section 113 B Evidence Act

Case Brief

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Parties

Kashmira Devi

Appellant

State of Uttarakhand

Respondent

Jagdish Singh

Proforma Respondent

Govind Singh

Co Accused

Mahendra Singh

Co Accused

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether prosecution proved cruelty soon before death and death within seven years to attract Section 304-B IPC and presumption under Section 113-B Evidence Act
  2. 2 Whether the dying declaration dated 13.02.2008 is reliable and can be relied upon despite earlier inconsistent statements
  3. 3 Whether accused rebutted the statutory presumption under Section 113-B

Ratio Decidendi

Prosecution established that the deceased, within seven years of marriage, was subjected to cruelty and harassment in connection with dowry soon before her death and died an unnatural death; the statutory presumption under Section 113-B Evidence Act therefore applied and was not rebutted by the accused; the dying declaration dated 13.02.2008 was independently reliable and supported conviction under Sections 304-B and 498-A IPC; sentence of life imprisonment was modified to rigorous imprisonment for seven years on mitigation.

Court Disposition

Appeal partly allowed

Orders

  • Conviction of the appellant under Section 304-B IPC and Section 498-A IPC upheld and affirmed.
  • Sentence of imprisonment for life imposed by the High Court is modified to rigorous imprisonment for seven years, which shall include the period of sentence already undergone by the appellant.