Gurmeet Singh vs. State of Punjab [Criminal Appeal No. 1731 of 2010]
A conviction under section 304-B can be sustained without any charges under section 498-A of IPC
Brief: In this appeal, the Supreme Court has affirmed the conviction of accused under for under section 304-B, IPC. The Court held that once elements of section 304-B are satisfied, a rebuttable presumption against the accused is created, which the accused has not been able to displace. The Court also observed that “soon before her death” in section 304-B does not mean immediately before the death. Rather, the prosecution has to show that there existed a proximate and live link between the cruelty and consequential death of the accused. However, this does not make charges and conviction under section 498-A mandatory pre-condition.
RELEVANT PARAGRAPH
10. In the present case, admittedly, the marriage between the deceased and the accused-appellant took place on 23.11.2004, and the death of the deceased occurred in 2008 after she consumed poison in her matrimonial home. Therefore, the first 7 two ingredients as to death under otherwise than ‘normal circumstances’ within seven years of marriage stand satisfied.
11. The next important ingredient which needs to established is the existence of dowry demand “soon before her death”. This Court in catena of judgments have held that, “soon before” cannot be interpreted to mean “immediately before”, rather the prosecution has to show that there existed a “proximate and live link” between the cruelty and the consequential death of the victim. [See Satbir Singh v. State of Haryana (supra); Kans Raj v. State of Punjab, (2000) 5 SCC 207; Rajinder Singh v. State of Punjab, (2015) 6 SCC 477].
14. Now, that necessary ingredients under Section 304-B, IPC stands satisfied, a presumption of causation arises against the accused under Section 113-B, Evidence Act and the accused has to rebut this statutory presumption.
18. Therefore, the prosecution having satisfied the necessary ingredients under Section 304B of IPC, the presumption under Section 113-B, Evidence Act takes full effect in this particular case, which has not been rebutted by the accused-appellant herein. The appellant has failed to make out a case for us to interfere in the concurrent opinions of the Courts below, convicting the accused-appellant under Section 304-B, IPC.
19. Lastly, the counsel on behalf of the appellant argued that without any charges under Section 498A, IPC a conviction under Section 304-B, IPC cannot be sustained….
20. Therefore, the argument raised by the counsel on behalf of the appellant cannot be accepted as the offences under Section 498-A and Section 304-B, IPC are distinct in nature. Although cruelty is a common thread existing in both the offences, however the ingredients of each offence are distinct and must be proved separately by the prosecution. If a case is made out, there can be a conviction under both the sections.
22. In light of the above findings, after perusing the relevant material and the evidence available, we find that the High Court and Trial Court have not committed any error in convicting the appellant under Section 304-B, IPC as the appellant failed to discharge the burden under Section 113- B, Evidence Act. The appellant has not brought any material on record which merits the interference of this Court in the impugned judgment.