Andhra Pradesh High Court Acquits Accused in Dowry Death Case, Convicts for Cruelty under Section 498-A IPC

In a significant judgment, the Andhra Pradesh High Court acquitted an accused in a dowry death case while convicting him for cruelty under Section 498-A of the Indian Penal Code (IPC). The judgment was delivered by Justice T. Mallikarjuna Rao on 18^th July 2023.

The case pertained to the death of a woman within seven years of her marriage. The accused, the woman’s husband, was initially convicted by the trial court under Section 304-B IPC, which deals with dowry death. However, upon appeal, the High Court re-evaluated the evidence presented by the prosecution.

Justice T. Mallikarjuna Rao, in the judgment, emphasized the essential elements required to establish the offence under Section 304-B IPC. The court highlighted that the prosecution must prove that the death of the woman was caused by burns, bodily injury, or other abnormal circumstances within seven years of marriage. Additionally, it must be demonstrated that the woman was subjected to cruelty or harassment by her husband or his relatives for dowry soon before her death, specifically in connection with demands for dowry.

Examining the evidence, the court noted that the prosecution failed to establish that the accused made dowry-related demands or subjected the deceased to cruelty in connection with dowry. The witnesses’ testimonies indicated that the deceased herself sought money from her family, and the accused’s demands were attributed to his vices rather than dowry.

Furthermore, the court considered an alternative cause of death. There was evidence suggesting that the deceased had epilepsy, raising the possibility of suicide or an accidental death. The prosecution did not provide conclusive evidence linking the accused’s actions to the death.

Based on these findings, the High Court acquitted the accused of the offence under Section 304-B IPC. However, relying on the evidence of cruelty, the court convicted the accused under Section 498-A IPC, which deals with cruelty against a married woman.

Justice T. Mallikarjuna Rao modified the conviction and sentenced the accused to the period he had already spent in remand. The court deemed that justice would be served by the conviction under Section 498-A IPC, considering the evidence presented.

This judgment highlights the importance of establishing the essential elements of the offence beyond reasonable doubt and the need for a direct connection between cruelty, dowry demands, and the cause of death. The decision also emphasizes that an accused can be convicted under Section 498-A IPC even if the offence under Section 304-B IPC is not established.

Justice T. Mallikarjuna Rao stated, “Mere death of the woman within seven years of marriage is not sufficient to convict under Section 304-B IPC” and “Conviction under Section 498-A IPC can be upheld if the deceased was treated with cruelty.”

The judgment refers to several relevant cases, including Charan Singh @ Charanjit Singh vs The State of Uttarakhand, Vipin Jaiswal vs State of A.P., Godugula Adellu vs. The State of Andhra Pradesh, Dalbir Singh vs. State of Uttar Pradesh, Shamnsaheb M. Multtani vs State of Karnataka, Smt. Shanti and another vs. State of Haryana, and Dinesh Seth vs. State of N.C.T. Delhi.

This judgment reiterates the need for a careful evaluation of evidence in dowry death cases and the significance of proving the specific elements of the offence to ensure a just verdict.

 Decision Date: 18 July, 2023

 Additional Sessions Judge  vs Unknown

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