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Patna High Court

MANJILA DEVIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court held that the prosecution failed to prove the essential ingredients of a dowry death, so the acquittal stands.

Summary

The appellant alleged that her daughter was burnt to death after the accused, Manish Kumar, demanded a motorcycle and gold as dowry. The trial court acquitted the accused, finding that the prosecution failed to prove the essential ingredients of a dowry death and that witnesses, including the mother of the victim, turned hostile. On appeal, the High Court examined whether the prosecution had satisfied the requirements of Section 304B IPC and Section 113B of the Evidence Act, including proof of dowry demand, cruelty, and causal connection to the death. The Court held that the prosecution did not establish these elements and that the presumption of guilt under Section 304B could not be invoked without such proof. Consequently, the acquittal was upheld and the appeal dismissed.

Issues considered

  • Whether the prosecution proved the essential ingredients of a dowry death under Section 304B IPC and Section 113B of the Evidence Act.
  • Whether the presumption of guilt under Section 304B IPC applies in the absence of proof of dowry demand and cruelty.
  • Whether the trial court erred in acquitting the accused on the ground of alleged haste or mismanagement of evidence.
  • Whether an appellate court can set aside an acquittal under Section 378 of the CrPC.

Legislation cited

Subjects

  • dowry death
  • Section 304B IPC
  • presumption of guilt
  • acquittal
  • appeal against acquittal
  • evidence
  • hostile witness
  • burden of proof

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CRIMINAL APPEAL (DB) No.127 of 2021
     Arising Out of PS. Case No.-135 Year-2018 Thana- NAYA RAM NAGAR District- Munger
     ======================================================
     Manjila Devi, Wife of Rajgir Yadav, R/o Village- Khutaha, P.S.- Lodipur,
     District- Bhagalpur.
                                                             ... ... Appellant
                                     Versus
1.    The State of Bihar
2.    Manish Kumar, Son of Krishnanand Yadav, Resident of Village- Fulhat
      Patam, P.S.- Naya Ramnagar, District- Munger.
                                                        ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant        :     None
     For the State            :     Mr. Ajay Mishra, Addl.PP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
             and
             HONOURABLE MR. JUSTICE PRAVEEN KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

      Date : 22-01-2026


                 No one has appeared on behalf of the appellant.

                 2. Heard Mr. Ajay Mishra, learned Additional Public

     Prosecutor for the State. The trial court records have been

     received.

                 3. The present appeal has been preferred for setting

     aside the judgment of acquittal dated 25.01.2020 (hereinafter

     referred to as the ‘impugned judgment’) passed by learned

     Additional Sessions Judge-IV, Munger (hereinafter referred to as

     the ‘learned trial court’) in Sessions Trial No. 56 of 2019 arising

     out of Nayaram Nagar P.S. Case No. 135 of 2018. By the

     impugned judgment under appeal, the accused-respondent no. 2
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       who was facing trial for the charges under Sections 304(B)/34 of

       the Indian Penal Code (in short ‘IPC’) has been acquitted.

                    Prosecution Case

                    4. On 03.06.2018 at about 01:15 PM, one Manjila Devi

       (PW-4) alleged in her fardbeyan recorded in the premises of

       Jawaharlal Nehru Medical College and Hospital, Bhagalpur that

       her daughter Juli Kumari was married to Manish Kumar

       (respondent no. 2) in the year 2014 as per Hindu Rites and

       Customs. After two months of her marriage, the family members

       of her sasural used to demand a Bullet Motorcycle which the

       informant’s daughter had told her on mobile phone. They were

       also demanding two bhar gold. The informant further alleged that

       about two years ago, the accused persons had assaulted the

       informant’s daughter due to which she had sustained injuries over

       her head and ear. The informant’s family got her treated and a

       Panchayat was held. On 01.06.2018, the informant’s daughter told

       her over telephone that if they will not give gold and motorcycle,

       the accused persons are planning to kill her. On 03.06.2018, the

       son-in-law of the informant informed her that her daughter is

       getting treatment for burn at Mayaganj Hospital, Bhagalpur and

       asked them to come as early as possible. The informant asked him

       to let her talk to her daughter then he said that she was not in a
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       position to talk. When the informant reached the hospital, her

       daughter was being treated and during treatment she died. The

       informant alleged that the accused persons have burnt her to death

       due to one motorcycle and two bhar gold.

                    5. On the basis of the fardbeyan, Nayaram Nagar P.S.

       Case No. 135 of 2018 dated 21.06.2018 was registered under

       Section 304B/34 IPC against (1) Manish Kumar, (2) Krishnanand

       Yadav, (3) wife of Krishnanad Yadav, (4) Shabnam, (5) Anish and

       (6) Ashish. After investigation, Police submitted chargesheet

       bearing Chargesheet No. 327 of 2018 dated 30.11.2018 against

       Manish Kumar keeping investigation pending against other

       accused persons. Learned trial court vide order dated 13.12.2018

       took cognizance under above-mentioned section.

                    6. Charges were read over and explained to the

       respondent no. 2 in Hindi to which he pleaded not guilty and

       claimed to be tried. Accordingly, vide order dated 13.08.2019,

       charges were framed under Section 304B/34 IPC.

                    7. In course of trial, the prosecution examined as many as

       nine witnesses and exhibited several documentary evidences. The

       names of the prosecution witnesses and the exhibits are being

       shown hereunder in tabular form:-
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                    List of Prosecution Witnesses

                                  PW-1        Dr. Jayant Kumar
                                  PW-2        Parmanand Kumar
                                  PW-3        Dhrup Yadav
                                  PW-4        Manjila Devi
                                  PW-5        Rajgir Yadav
                                  PW-6        Barun Kumar
                                              Chaurasia
                                  PW-7        Devan Yadav
                                  PW-8        Sri Ram Chaudhary
                                  PW-9        Bindeshwari Yadav

                    List of Exhibits on behalf of Prosecution

                        Exhibit ‘1’     Postmortem report
                        Exhibit ‘2’     Writing and Signature of the In-
                                        charge
                        Exhibit ‘2/1’ Formal FIR



                    8. Thereafter, the statement of the respondent no. 2 was

        recorded under Section 313 of the CrPC. He took a plea of his

        innocence and stated that his wife died in course of cooking. No

        oral or documentary evidence has been adduced on behalf of the

        defence.

                    Findings of the Learned Trial Court

                    9. Learned trial court, after analysing the evidences

       available on the record found that all the witnesses of the

       prosecution seem to support the occurrence but they have stated in

       one voice that the relationship between the accused and the

       deceased was cordial and the accused or his family members have
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       not demanded motorcycle and gold as dowry. Learned trial court

       found that the Doctor in his cross-examination has stated that the

       injury may be accidental.

                    10. Learned trial court after considering all the facts and

       circumstances of the case observed that the prosecution has failed

       to prove the charges levelled against respondent no. 2 beyond all

       reasonable doubts and held respondent no. 2 not guilty of the

       charge framed against him. Accordingly, he was acquitted of the

       charges framed under Section 304(B)/34 IPC.

                    The grounds of appeal

                    11. It is submitted in the Memorandum of Appeal that after

       framing of charges, the witnesses were examined in a hurried manner

       and it appears that they have been managed. PW-1 was examined on

       27.08.2019, whereafter PW-2 and PW-3 were examined on

       17.12.2019, PW-4 and PW-5 were examined on 19.12.2019, PW-6

       and PW-7 have been examined on 20.12.2019, PW-8 got examined

       on 07.01.2020 and PW-9 was examined on 13.01.2020, thereafter,

       the statement under Section 313 CrPC has been recorded on

       20.01.2020 and finally the judgment had been delivered on

       25.01.2020. The submission is that the total trial seems to have been

       managed, the informant questions as to what was the occasion to

       examine the witnesses in a sessions trial of 304B/34 IPC where the

       presumption is that the accused persons are responsible for the death
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       as the marriage of the deceased with respondent no. 2 was

       solemnized only in the year 2014 and the death had taken place

       within four years at the matrimonial home of the victim in a

       suspicious condition.

                    12. It is submitted in the appeal that the deceased had two

       children i.e. one son and one daughter who are minor and are in

       custody of their grandfather and grandmother. The submission is that

       the informant was pressurised that if they would say the real and

       correct thing in their examination in court, the children will be put in

       trouble for their life, otherwise if the respondent no. 2 gets free with

       their help, then the children will be given full cooperation and

       security by the members of the matrimonial family and having this

       impression and condition, they got managed the entire trial.

                    13. The submission is that this Court should direct the

       learned trial court to re-hear and re-examine the witnesses who have

       deposed themselves under pressure and coercion of the prosecution

       (informant) who is mother of the deceased, illiterate and pardanashin

       lady.

                    Submissions on behalf of the State

                    14. On the other hand, Mr. Ajay Mishra, learned

       Additional Public Prosecutor for the State submits that in this case

       the trial has been conducted in a fair manner. Witnesses have been

       examined on several dates and it would appear that while PW-1
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       was examined on 27.08.2019, PW-9, who was the last witness, got

       examined on 13.01.2020, therefore, the records remained pending

       for evidence for almost four and a half months. By no stretch of

       imagination it can be said that the trial court has recorded the

       evidences of the prosecution witnesses in haste.

                    15. Learned Additional Public Prosecutor for the State

       has further drawn the attention of this Court towards the fact that

       in this case the informant who has filed the present appeal was

       examined as PW-4 but she did not support the prosecution case as

       a result whereof she was declared hostile on the prayer of the

       prosecution. In her cross-examination, she denied that the husband

       or relatives demanded a motorcycle and two bhar gold, she denied

       all the allegations. She also deposed that there was good

       relationship between her daughter and her husband. It is submitted

       that the present appeal has been preferred only as an afterthought.

                    16. The brother of the victim has been examined as PW-

       2. He has stated that the mother-in-law and father-in-law of the

       deceased had informed him on mobile during the night between

       12:00-1:00 o’clock that his sister had got burnt, he reached

       Mayaganj Hospital and one hour thereafter his sister died. In his

       cross-examination by the defence, this witness has stated       that

       his sister and brother-in-law were having good relationship
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       and his brother-in-law had never demanded any money,

       motorcycle or gold. He has further stated that his sister had never

       made any complaint against her husband. He came to know that

       when his sister was boiling milk for the children, fire broke out of

       the gas in which his sister got burnt and died in course of

       treatment.

                    17. Learned Additional Public Prosecutor for the State

       has placed before this Court the evidence of PW-3, who is an

       independent witness. PW-3 has not supported the prosecution case

       and has been declared hostile. Similarly, the father of the victim,

       who has been examined as PW-5, has also not supported the

       prosecution case and has been declared hostile. It is submitted that

       since the informant, her husband, her son and other independent

       witnesses did not support the prosecution case, the learned trial

       court has rightly held that all the prosecution witnesses have stated

       that the relationship between the deceased and the accused was

       cordial and that the accused or his family members had not

       demanded motorcycle and gold as dowry. The learned trial court is

       correct in recording a finding that the prosecution has failed to

       prove the charges levelled against the accused beyond all

       reasonable doubt giving him benefit of doubt.
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                                         Consideration

                                         18. Having gone through the grounds of appeal, the

                          submissions of learned Additional Public Prosecutor for the State

                          and upon perusal of the records, we find much substance in the

                          submissions of learned Additional Public Prosecutor. There is no

                          element of haste in the matter of recording of evidences by the trial

                          court. The records of the case remained pending for four and half

                          months for recording of evidence. It is found that in this case the

                          charge was framed under Section 304B/34 IPC. The contention of

                          the appellant that there is a presumption under Section 304B IPC

                          of the guilt of the accused, therefore there was no need to examine

                          any witness is not a correct statement. For this purpose, we would

                          extract Section 304B IPC as under:-

                                                 “1[304B. Dowry death. -- (1) Where the death of a
                                                 woman is caused by any burns or bodily injury or occurs
                                                 otherwise than under normal circumstances within seven
                                                 years of her marriage and it is shown that soon before her
                                                 death she was subjected to cruelty or harassment by her
                                                 husband or any relative of her husband for, or in
                                                 connection with, any demand for dowry, such death shall
                                                 be called "dowry death", and such husband or relative
                                                 shall be deemed to have caused her death.
                                                        Explanation.- For the purposes of this sub-section,
                                                 "dowry" shall have the same meaning as in section 2 of
                                                 the Dowry Prohibition Act, 1961 (28 of 1961).
                                                      (2) Whoever commits dowry death shall be punished
                                                      with imprisonment for a term which shall not be less
                                                      than seven years but which may extend to
                                                      imprisonment for life.]”
1. Ins. By Act 43 of 1986, s. 10 (w.e.f. 19-11-1986).
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                                  Section 304B IPC is to be read with Section 113B of the

                          Indian Evidence Act, 1872, therefore Section 113B of the Evidence

                          Act is being reproduced hereunder for a ready reference:-

                                                      “15[113B. Presumption as to dowry death. -- When
                                                      the question is whether a person has committed the
                                                      dowry death of a woman and it is shown that soon
                                                      before her death such woman had been subjected by
                                                      such person to cruelty or harassment for, or in
                                                      connection with, any demand for dowry, the Court
                                                      shall presume that such person had caused the dowry
                                                      death.
                                                      Explanation.-For the purposes of this section, "dowry
                                                      death", shall have the same meaning as in section
                                                      304-B of the Indian Penal Code (45 of 1860). ]”

                                         19. It is well settled by a catena of judgments that to

                          convict an accused under Section 304B IPC, the prosecution is

                          required to prove that (a) the death of a woman was caused by

                          burns or bodily injury or had occurred otherwise than under

                          normal circumstances; (b) such death should have occurred within

                          seven years of her marriage; (c) the deceased was subjected to

                          cruelty or harassment by her husband or by any relative of her

                          husband; (d) such cruelty or harassment should be for or in

                          connection with the demand for dowry; and (e) to such cruelty or

                          harassment the deceased should have been subjected soon before

                          her death. Refer the judgments of the Hon’ble Supreme Court in

15. Inserted by Act 43 of 1986, S. 12 (w.e.f. 1-5-1986).
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       the case of Kans Raj vs. State of Punjab & Ors. reported in AIR

       2000 SC 2324 : (2000) 5 SCC 207, Satvir Singh and Ors. vs.

       State of Punjab and Anr. reported in 2001 (8) SCC 633, Baljeet

       Singh vs. State of Haryana and Ors. reported in AIR 2004 SC

       1714.

                    20. In the case of Sher Singh @ Partapa vs. State of

       Haryana reported in (2015) 3 SCC 724, the Hon’ble Supreme

       Court had occasion to consider the true meaning and import of the

       words “soon” and “deemed” occurring under Section 113B of the

       Indian Evidence Act, 1872.

                    21. The Hon’ble Supreme Court had also occasion to

       consider as to what would be the standard of proof to be applied to

       the prosecution in proving the ingredients of Section 304B IPC

       and the standard of proof to be applied to the accused to rebut the

       deemed presumption of guilt which arises once the prosecution has

       proved the ingredients.

                    22. Upon consideration of the earlier judgments in the

       case of State of West Bengal vs. Mir Mohammad Omar and

       Ors. reported in (2000) 8 SCC 382 and in the case of

       Subramaniam vs. State of Tamil Nadu reported in (2009) 14

       SCC 415, their Lordships of the Hon’ble Supreme Court in the

       case of Sher Singh (supra) observed in paragraph ‘16’ as under:-
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                                                “16. As is already noted above, Section 113-B of the
                                                Evidence Act and Section 304-B IPC were
                                                introduced       into   their     respective    statutes
                                                simultaneously and, therefore, it must ordinarily be
                                                assumed that Parliament intentionally used the word
                                                “deemed” in Section 304-B to distinguish this
                                                provision from the others. In actuality, however, it is
                                                well-nigh impossible to give a sensible and legally
                                                acceptable meaning to these provisions, unless the
                                                word “shown” is used as synonymous to “prove”
                                                and the word “presume” as freely interchangeable
                                                with the word “deemed”. In the realm of civil and
                                                fiscal law, it is not difficult to import the ordinary
                                                meaning of the word “deem” to denote a set of
                                                circumstances which call to be construed contrary to
                                                what they actually are. In criminal legislation,
                                                however, it is unpalatable to adopt this approach by
                                                rote. We have the high authority of the Constitution
                                                Bench of this Court both in State of Travancore-
                                                Cochin v. Shanmugha Vilas Cashewnut Factory8
                                                and State of T.N. v. Arooran Sugars Ltd.9, requiring
                                                the Court to ascertain the purpose behind the
                                                statutory fiction brought about by the use of the
                                                word “deemed” so as to give full effect to the
                                                legislation and carry it to its logical conclusion. We
                                                may add that it is generally posited that there are
                                                rebuttable as well as irrebuttable presumptions, the
                                                latter oftentimes assuming an artificiality as
                                                actuality by means of a deeming provision. It is
                                                abhorrent to criminal jurisprudence to adjudicate a
                                                person guilty of an offence even though he had
                                                neither intention to commit it nor active
                                                participation in its commission. It is after deep
                                                cogitation that we consider it imperative to construe
                                                the word “shown” in Section 304-B IPC as to, in
                                                fact, connote “prove”. In other words, it is for the
                                                prosecution to prove that a “dowry death” has
                                                occurred, namely,
                                                   (i) that the death of a woman has been caused in
                                                   abnormal circumstances by her having been
                                                   burned or having been bodily injured,
                                                   (ii) within seven years of her marriage,

8. [AIR 1953 SC 333]
9. [(1997) 1 SCC 326]
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                                   (iii) and that she was subjected to cruelty or
                                   harassment by her husband or any relative of her
                                   husband,
                                   (iv) in connection with any demand for dowry,
                                   and
                                   (v) that the cruelty or harassment meted out to her
                                   continued to have a causal connection or a live
                                   link with the demand of dowry.
                           We are aware that the word “soon” finds place in Section
                           304-B; but we would prefer to interpret its use not in
                           terms of days or months or years, but as necessarily
                           indicating that the demand for dowry should not be stale
                           or an aberration of the past, but should be the continuing
                           cause for the death under Section 304-B or the suicide
                           under Section 306 IPC. Once the presence of these
                           concomitants is established or shown or proved by the
                           prosecution, even by preponderance of possibility, the
                           initial presumption of innocence is replaced by an
                           assumption of guilt of the accused, thereupon
                           transferring the heavy burden of proof upon him and
                           requiring him to produce evidence dislodging his guilt,
                           beyond reasonable doubt. It seems to us that what
                           Parliament intended by using the word “deemed” was
                           that only preponderance of evidence would be
                           insufficient to discharge the husband or his family
                           members of their guilt. This interpretation provides the
                           accused a chance of proving their innocence. This is also
                           the postulation of Section 101 of the Evidence Act. The
                           purpose of Section 113-B of the Evidence Act and
                           Section 304-B IPC, in our opinion, is to counter what is
                           commonly encountered—the lack or the absence of
                           evidence in the case of suicide or death of a woman
                           within seven years of marriage. If the word “shown” has
                           to be given its ordinary meaning then it would only
                           require the prosecution to merely present its evidence in
                           court, not necessarily through oral deposition, and
                           thereupon make the accused lead detailed evidence to be
                           followed by that of the prosecution. This procedure is
                           unknown to common law systems, and beyond the
                           contemplation of CrPC.”

            Therefore in a case charged under Section 304B IPC it is

       required to be considered as to whether the prosecution in the case
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                           has been able to prove the essential ingredients which have been

                           highlighted by the Hon’ble Supreme Court in paragraph ‘16’ in the

                           case of Sher Singh (supra).

                                          23. Keeping in view the aforementioned provisions of

                           law and the judgments of the Hon’ble Supreme Court on the

                           subject, when we examine the evidences available on the record, it

                           is found that the prosecution has not proved the essential

                           conditions for raising a presumption that it is a case of dowry

                           death. The prosecution witnesses, even the informant, who is the

                           mother of the victim, and the entire family members of the victim

                           as also independent witnesses have turned hostile.

                                          24. In these circumstances, we are reminded of the

                           judgment of the Hon’ble Supreme Court in the case of H.D.

                           Sundara and Ors. vs. State of Karnataka reported in (2023) 9

                           SCC 581 and Babu Sahebagouda Rudragoudar and Ors. vs.

                           State of Karnataka reported in (2024) 8 SCC 149 wherein their

                           Lordships have laid down the principles governing an appeal

                           against acquittal. Paragraph ‘8’ of the judgment in the case of H.D.

                           Sundara (supra) is being reproduced hereunder for a ready

                           reference:-

                                                       “ 8. In this appeal, we are called upon to consider
                                                       the legality and validity of the impugned judgment 1
                                                       rendered      by     the     High    Court    while

1. (State of Karnataka v. H.K. Mariyappa, 2010 SCC OnLine Kar 5591)
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                                             deciding an appeal against acquittal under Section 378
                                             of the Code of Criminal Procedure, 1973 (for short
                                             “CrPC”). The principles which govern the exercise of
                                             appellate jurisdiction while dealing with an appeal
                                             against acquittal under Section 378 CrPC can be
                                             summarised as follows:
                                             8.1. The acquittal of the accused further strengthens
                                             the presumption of innocence;
                                             8.2. The appellate court, while hearing an appeal
                                             against acquittal, is entitled to reappreciate the oral and
                                             documentary evidence;
                                             8.3. The appellate court, while deciding an appeal
                                             against acquittal, after reappreciating the evidence, is
                                             required to consider whether the view taken by the
                                             trial court is a possible view which could have been
                                             taken on the basis of the evidence on record;
                                             8.4. If the view taken is a possible view, the appellate
                                             court cannot overturn the order of acquittal on the
                                             ground that another view was also possible; and
                                             8.5. The appellate court can interfere with the order of
                                             acquittal only if it comes to a finding that the only
                                             conclusion which can be recorded on the basis of the
                                             evidence on record was that the guilt of the accused
                                             was proved beyond a reasonable doubt and no other
                                             conclusion was possible.”
                                 25. In result, we find no reason to interfere with the

                    impugned judgment.

                                 26. This appeal has no merit. It is dismissed accordingly.




                                             (Rajeev Ranjan Prasad, J)


                                                  (Praveen Kumar, J)
SUSHMA2/-
AFR/NAFR
CAV DATE
Uploading Date             30.01.2026
Transmission Date          30.01.2026


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