Advertisement

Case – Bajinath V. State Of Madhya Pradesh

Fact

Around 8 pm at night the deceased in laws had dinner and after watching television, retired to the respective rooms for the night. The daughter in law (deceased) was found hanging from the fan next morning. The deceased was married to Rakesh. A case was registered with chaneri Police station and on the completion the investigation charge-sheet was laid against the appellants together with Rakesh, husband of the deceased and Prem Bai, wife of the appellant No.1 under Sections 302, 304B, 498A, 201 read with Section 34 of the Code. According to the prosecution, the investigation revealed that the husband of the deceased along with the appellants had been demanding dowry and in pursuit thereof had subjected the deceased to harassment and torture in the proximate past of the incident. The Trial Court on an exhaustive assessment of the evidence adduced, acquitted the accused persons of the charges against which the respondent/State preferred an appeal before the High Court. The impugned decision has been rendered thereby upturning the acquittal. The trial court though admitted the fact that the incident occurred in the matrimonial home within 7 years of marriage yet dismissed the evidence in connection with the demand of motorcycle in the form of dowry and torture, cruelty and harassment on the deceased.

The High Court however being of the opinion that the deceased had died an unnatural death in suspicious circumstances in her matrimonial home within 7 years of marriage and that the same was preceded by persistent demands for a motorcycle as dowry in marriage accompanied by cruelty, returned the finding of guilt against the appellants but exonerated Prem Bai, the wife of appellant No.1 i.e. Baijnath. It accepted the evidence adduced by the prosecution qua the charge of dowry demand, harassment and cruelty in connection therewith and applied the deeming prescription/statutory presumption contained in Section 304B of the Code and Section 113B of Act, 1892.

Decision

The in laws preferred a criminal appeal to the Supreme Court of India, after being aggrieved by the conversion of their acquittal into conviction by the High Court under Sections 498A and 304B of the Indian Penal Code. They prayed to set aside the previous verdict. But, the Supreme Court relied on the finding of the trial court and rejected the observation given by the High Court and further observed that the analysis of the evidence by the Trial Court, in the court’s view , has been in the proper perspectives, factual and legal and thus the findings recorded by it are valid, the High Court based its determination substantially on presumptive inferences taking the aid of Section 113B of the Act, divorced from the attendant facts and the evidence with regard thereto. We are thus of the opinion, that the conclusions of the High Court do not constitute a plausible view on the materials on record and cannot be sustained. Supreme Court also enumerated the term dowry and also gave observation regarding the meaning of dowry and further also observed and stated that when it should be presumed that dowry death occurred because of cruelty, harassment before the death.

Advertisement

26 COMMENTS

  1. Millet online store

    If this checks out, big reps and a thanks comin your way. Looks promising as hell, though! sincerly, Kristine, template-package.com, 145 Bosepukur Purbapara, Kolkata, WB 700078, India 9748001647

  2. Rene Caovilla outlet

    How is it that just anybody can write a blog and get as popular as this? Its not like youve said something extremely impressive more like youve painted a quite picture through an issue that you know nothing about! I dont want to sound mean, right here.…

  3. reebok outlet store

    This is my 1st time Ive visited this site. I identified a whole lot of interesting info within your blog. From the volume of comments on your posts, I guess I am not the only 1! maintain up the impressive work.

  4. barbour online usa

    Its unusual for me to find something on the internet thats as entertaining and intriguing as what you have got here. Your page is lovely, your graphics are outstanding, and whats more, you use source that are relevant to what you are talking about. You…

  5. alexander mcqueen online shopping

    I have read a few of the articles on your web page currently, and I like your style of blogging. I added it to my favorites blog listing and will also be checking back soon. Take a look at my site as well and let me know what you think.

  6. nfl store jerseys

    This in actual fact is my very first time i go to here. I found so numerous entertaining stuff in your internet site, chiefly its conversation. In the lots of feedback in your writing, I guess I’m not the only one obtaining all the leisure here! Keep…

  7. ecco outlet online

    I can see that you are a specialist at your area! I am starting a website soon, and your tips will be very valuable for me.. Thanks for all your support and wishing you all the success in your business.

  8. patagonia outerwear sale

    I cnduot bvleiee taht I culod aulaclty uesdtannrd waht I was rdnaieg. Unisg the icndeblire pweor of the hmuan mnid, aocdcrnig to rseecrah at Cmabrigde Uinervtisy, it dsenot mttaer in waht oderr the lterets in a wrod are, the olny irpoamtnt tihng is tah…

  9. birkenstock outlet online

    This really is such a fantastic resource that youre providing and you give it absent for free. I love seeing web sites that comprehend the worth of offering a top quality resource free of charge. It?s the outdated what goes about comes around routine.

Leave a Reply