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Patna High Court

Amritpal SinghversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The conviction under Section 304B IPC (and related charges) is unsustainable and the appeal is allowed, resulting in acquittal.

Summary

The appellant, Amritpal Singh, was convicted by the Sessions Court for dowry death under IPC Sections 304B, 498A and 201, and sentenced to rigorous imprisonment. He appealed, contending that the prosecution failed to prove the three essential ingredients of Section 304B and relied solely on a presumption under Section 113B of the Evidence Act without proper evidence. The High Court observed that the prosecution did not produce the FIR, post‑mortem, inquest report, nor examine key witnesses such as the informant, investigating officer, or doctor, rendering the evidence unreliable. It held that without proof of a dowry demand or cruelty immediately before the death, the presumption could not arise and the burden did not shift to the accused. Consequently, the court set aside the conviction, acquitted the appellant of all charges, and allowed the appeal.

Issues considered

  • The prosecution's failure to prove the three essential ingredients of Section 304B IPC.
  • Whether the presumption under Section 113B Evidence Act applies in the absence of proven ingredients.
  • Whether the non‑production of FIR, post‑mortem, inquest report and non‑examination of material witnesses vitiates the conviction.
  • Whether the burden of proof shifts to the accused when the presumption is not triggered.

Legislation cited

Subjects

  • dowry death
  • Section 304B
  • presumption of guilt
  • evidentiary burden
  • acquittal
  • circumstantial evidence
  • Indian Penal Code
  • Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.206 of 2016
                    Arising Out of PS. Case No.-76 Year-2013 Thana- BEGUSARAI GRP CASE District-
                                                         Begusarai
                 ======================================================
                 Amritpal Singh Son of Amrik Singh Resident of Village - Amardas Colony,
                 Chhehara, District-Amritsar

                                                                                ... ... Appellant/s
                                                      Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant       :       Mr. Krishna Prasad Singh, Sr. Advocate
                                                 Mr. Saket Kumar Singh, Advocate
                 For the State           :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

7   23-03-2026                       Heard learned senior counsel for the appellant and

                   learned A.P.P. for the State.

                                     2. This appeal has been filed challenging the

                   judgment of conviction dated 17.12.2015 and order of sentence

                   dated 18.12.2015 passed in Sessions Trial No. 204 of 2014

                   arising out of Barauni Rail Case No. 76 of 2013 whereby the

                   sole appellant has been convicted under Sections 304B, 498A

                   and 201 of the Indian Penal Code and has been sentenced to

                   undergo rigorous imprisonment for 10 years under Section 304B

                   of the Indian Penal Code, rigorous imprisonment for three years

                   and fine of Rs. 10,000/- under Section 498A of the Indian Penal

                   Code and in default of fine, to further undergo simple

                   imprisonment for one month and rigorous imprisonment for
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          three years and a fine of Rs. 10,000/- under Section 201 of the

          Indian Penal Code and in default of payment of fine, to further

          undergo simple imprisonment for one month. All sentences have

          been directed to run concurrently.

                           3. In this case, initially, a U.D. case was registered

          by the Gajipur Rail Police on 25.09.2013 under Section 302 and

          201 of the Indian Penal Code and later on, converted into a

          regular case on the statement of the informant, namely

          Saweeran Singh, who identified the dead body of the deceased

          as his daughter and thereafter, the case was transferred before

          the Barauni Rail Police and Barauni Rail Case No. 76 of 2013

          was registered for the offences punishable under Sections 304B,

          498A, 120B and 201 of the Indian Penal Code and Sections 3

          and 4 of the Dowry Prohibition Act. In this case, charge-sheet

          was submitted by the investigating officer only against this

          appellant, who happens to be husband of the deceased and

          accordingly, cognizance was taken on 14.02.2014 and case was

          committed before the learned Sessions Court on 01.03.2014.

                           4. The prosecution case, in brief, is that marriage of

          daughter of informant was solemnized with this appellant on

          24.02.2013 and thereafter, she went to her in-laws house and

          after a few days, informed the informant over phone that this
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          appellant and his family members are demanding a vehicle and

          one lakh rupees cash as dowry and are assaulting and torturing

          her. The informant persuaded this appellant to meet out his

          demands later on. After a few days, the victim again informed

          over phone that this appellant has been torturing her due to non-

          fulfillment of demand of dowry. Later on, this appellant took the

          daughter of informant to Assam and from there also, the victim

          informed the informant and her brother that this appellant has

          continuously been torturing and assaulting her. Thereafter, on

          23.09.2013, the victim informed that informant that she is

          coming back home along with this appellant and on 25.09.2013

          at about 6:10 PM, this appellant informed the son of informant

          on phone that he had got down from the train for getting some

          items but missed the train and the victim is going alone and

          asked him to receive her at Amritsar. The informant firmly

          believes that this appellant has killed his daughter by cutting her

          neck with knife in the toilet of the running train due to non-

          fulfillment of demand of dowry before calling on phone.

                           5. In this case, in order to bring home guilt of the

          accused person, the prosecution has examined two witnesses.

          P.W. 1 is business partner of brother of the deceased and P.W. 2

          is brother of the deceased.
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                           6. On the other hand, the defence has not produced

          any oral or documentary evidence. However, defence of the

          appellant is gathered from the line of cross-examination of

          prosecution witnesses as well as from the statement under

          Section 313 of the Cr.P.C. and is that of total denial of the

          charges.

                           7. After hearing the parties, the learned trial court

          convicted the appellant and sentenced him as indicated in the

          opening paragraph of this order.

                           8. Learned senior counsel appearing for the

          appellant assails the order of conviction and sentence on

          multiple grounds. He contends that P.W. 1, in chief of

          examination, claimed himself to be cousin of the deceased but

          during cross-examination, he accepted that he is business

          partner of brother of the deceased. Thus, he has no concern with

          the affairs of the deceased and her family members and is a

          hearsay witness and not a reliable witness. P.W. 2 is also not a

          reliable witness because he has neither lodged the F.I.R. nor

          produced any corroborative evidence in support of the

          allegations. Learned senior counsel further contends that the

          prosecution has not exhibited the F.I.R., post mortem report or

          inquest report and hence, the very basis of the case is not on
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          record and the learned Trial Court has convicted the appellant

          only on the basis of presumption under Section 113B of the

          Evidence Act, which would not be attracted because initial

          burden of proving the circumstances, as envisaged under

          Section 304B of the Indian Penal Code, rests on the prosecution.

          He further contends that in this case, neither the informant nor

          the investigating officer, doctor or seizure list witnesses have

          been examined. Neither any corroborative document relating to

          the prosecution case has been brought on record. Non-

          examination of informant, Investigating Officer, doctor and

          seizure list witnesses as well as not exhibiting any document

          like the F.I.R., post mortem report, seizure list or inquest report

          has highly prejudiced the case of prosecution and in fact, there

          is no case against the appellant. Lastly, he contends that in order

          to convict a person under Section 304B of the Indian Penal

          Code, three essential ingredients are necessary to be present,

          which are:-

                       a. Death of a woman is caused by any burn or bodily

                          injury otherwise than under normal circumstances,

                       b. Such death of the woman should occur within

                          seven years of her marriage and

                       c. Soon before her death, she should be subjected to
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                          cruelty or harassment by the accused in connection

                          with any demand of dowry.

                           9. Learned senior counsel for the appellant

          contends that in the present case, there is no proof on record

          which can establish that there was any demand of dowry or

          torture soon before the death. Thus, it is a case of no evidence

          and prosecution has failed to prove the case beyond reasonable

          doubt and hence, the appellant is fit to be acquitted. In support

          of his contentions, he places reliance upon judgments of this

          Hon’ble Court passed in the case of Shivjee Sah and another

          versus State of Bihar reported in 2021 (2) PLJR 374, Md.

          Jamaluddin Khan @ Mohammad Jamaluddin Khan versus

          The State of Bihar passed in Cr. Appeal (DB) No. 1190 of 2017

          and Kaushaliya Devi and another versus The State of Bihar

          passed in Cr. Appeal (SJ) No. 1012 of 2006.

                           10. On the other hand, learned A.P.P. for the State

          has submitted that there is no need of any interference in this

          appeal since the prosecution witnesses have supported the

          corroborated the prosecution story and there is no reason to

          differ with the findings of the learned trial court and the

          judgement of conviction and order of sentence are justified and

          legal.
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                           11. From going through the evidence and perusal of

          the records, it appears that none of the two prosecution

          witnesses have seen the occurrence and are related to the

          informant and are highly interested witnesses. The prosecution

          has not brought on record any proof with regard to the torture or

          demand of dowry prior to death of the deceased. Informant,

          Investigating Officer, doctor or seizure list witnesses have not

          been examined. F.I.R., post mortem report or inquest report have

          not been brought on record. In my view, the Investigating

          Officer is a material witness and non-examination of the

          Investigating Officer has definitely prejudiced the appellant

          since the appellant lost opportunity to cross-examine the

          Investigating Officer on the point of seized materials, visit to the

          place of occurrence and contradiction in statements of the

          prosecution witnesses. Non-examination of the doctor has also

          made the case of the prosecution doubtful.

                           12. It is also pertinent to mention here that in order

          to establish the offence under Section 304B of the Indian Penal

          Code, the prosecution is obliged to prove the three essential

          ingredients, as discussed above. If the prosecution, proves all

          the three essential ingredients, then the presumption under

          Section 113B of the Evidence Act will operate. Such
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          presumption is rebuttable and the onus to rebut shifts on the

          accused person. If the prosecution fails to establish the aforesaid

          ingredients, then the presumption under Section 113B of the

          Evidence Act does not apply and in such cases, the burden does

          not shift to the accused persons to rebut the presumption under

          the law.

                           13. In this case, it is evident that there is nothing on

          record to show that soon before the death of the deceased, there

          was any demand or torture by the appellant, which is a

          necessary ingredient to bring guilt of the accused under Section

          304B of the Indian Penal Code. Since one of the essential

          ingredient of Section 304B of the Indian Penal Code is absent

          on record, in my view, the appellant cannot be convicted under

          Section 304B of the Indian Penal Code. Moreover, in this case,

          F.I.R., post mortem report and inquest report are not on record.

          The Investigating Officer, informant, doctor and seizure list

          witnesses have also not been examined.

                           14. Thus, in view of the facts and circumstances of

          the case, as discussed above, it is not sufficient to come to a

          conclusion that this appellant committed dowry death due to

          non-fulfillment of demand of dowry.

                           15. It is well established rule of law that in case of
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                       circumstantial evidence, the chain must be completed to

                       establish the guilt of the accused person. Hence, the prosecution

                       has failed to establish its case beyond the shadow of all

                       reasonable doubts and the appellant is entitled to get the benefit

                       of doubt.

                                        16. In that view of the matter, the judgment of

                       conviction dated 17.12.2015 and order of sentence dated

                       18.12.2015 passed by the learned Additional Sessions Judge-II,

                       Begusarai in connection with Sessions Trial No. 204 of 2014

                       arising out of Barauni Rail P.S. Case No. 76 of 2013 are hereby

                       set aside.

                                        17. Appellant is acquitted of all the charges and is

                       discharged from the liability of the bail bond in connection with

                       this case.

                                        18. Accordingly, this appeal stands allowed.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


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