Holding

The conviction of the appellant under Sections 304‑B(1) and 498‑A IPC is upheld as the evidence proves cruelty and dowry demand leading to the deceased's suicide.

Summary

The appellant, Raja Yan, was married to Sanalkumari who later committed suicide. The prosecution alleged that the appellant repeatedly demanded dowry before and after the marriage, leading to mental and physical cruelty that caused her death. The trial court acquitted the appellant, but the Kerala High Court reversed the acquittal and convicted him under IPC Sections 304‑B(1) and 498‑A. On appeal, the Supreme Court examined the oral and documentary evidence, including testimonies of the deceased's parents, a cousin, and other witnesses, and found the evidence of continuous dowry demands and cruelty credible despite the appellant's contradictory statements under Sections 313 and 161 of the CrPC. The Court held that the trial court had erred in ignoring material evidence and that the High Court was justified in upholding the conviction. Consequently, the Supreme Court dismissed the appeal and affirmed the seven‑year rigorous imprisonment sentence.

Issues considered

Whether the evidence establishes cruelty and dowry demand sufficient to convict under IPC Sections 304‑B(1) and 498‑A.
Whether the trial court erred in acquitting the appellant despite material evidence of dowry demands and harassment.
Whether the appellant's statements under Section 313 CrPC and omissions under Section 161 CrPC affect the credibility of the prosecution's case.
Whether the High Court was justified in reversing the trial court's acquittal and convicting the appellant.

Legislation cited

Code of Criminal Procedure, 1973s. 161, s. 313, s. 378
Indian Penal Code, 1860s. 304-B(1), s. 498-A

Subjects

dowry deathcrueltysuicideIPC 304-BIPC 498-Aevidence assessmentappellate reviewconviction upheld

Judgment

RAJA YAN A
v.
~ 'f- STATE OF KERALA AND ANR.

MARCH 3, 1998

[M.K. MUKHERJEE AND S.S. MOHAMMED QUADRI, JJ.] B

Indian Penal Code, 1860 :
""
Sections 304-B (I) and 498-A-Dowry death-Suicide committed by
the deceased wife-Evidence of deceased's parents showing that since the c
date of marriage appellant constantly demanding dowry-On the betrothal
day land transferred in favour of appellant-Evidence further showing that
even till two years after the marrtDge, there was continuous demand by
dowry-Two independent witnesses deposed that the appellant was
quarrelling with the deceased for more dowry-c;.'rhe appellant in his statement
under Section 313 Cr PC going to the extent 0dj stating that deceased was D
not his wife-In such circumstances, the, High Court rightly held that the
deceased was subjected to cruelty for dowry· ~oon before· her death for which
she committed suicide-Conviction under Section 304-B, upheld-Criminal
Procedure Code, 1973, Section 3 I 3.

Criminal Trial :
E

Independent witnesses-Testimony of-Evidentiary value-Testimony of
such witnesses acceptable if there is no reason to disbelieve them-Penal
Code, 1860, Sections 304-B(J) and 498-A.

Appreciation of evidence-One of the witnesses deposing that appellant F
came to his house to place his demand for additional dowry and he agreed
to place his demand before the parents of the deceased and that he did go
to the parents-Omission of this fact in his statement under Section 161 Cr
PC-Effect of-Held, even if such omission amounted to material
contradiction, still it did not impair his unresbutted evidence that the G
appellant came to the house of the witnesses with the demand for additional
dowry-Criminal Procedure Code, 1973, Section 161.
-~

Criminal procedure Code, 1973-Section 378-Appeal to the High
Court against acquittal-When justified-Trial court acquitted the appellant
from the charges ofcruelty and demand ofdowry on an erroneouse reasoning- H
61
62 SUPREME COURT REPORTS [1998) 2 S.C.R.

A Trial court failed to consider material evidence on record-Patent infirmity
in· the judgment and order of trial court-Jn such circumstances setting aside
of the acquittal and conviction of the appellant under Section 304-B(J) and
498-A /PC by the High Court, upheld-Penal Code, 1860, Sections 304-B(J)
and 498-A.

B There were consl.ant demands of dowry by the appellant from his wife
and her parents. When ·the demand was not immediately met the appellant
and the other members of his family tortured and harassed the deceased- ,._
wife. The wife ultimately committed suicide. The evidence of PWs 1 and 2
(Parents of the deceased) and PW 5, who was cousin of the deceased clearly
C pointed to the demand of dowry and ill treatment of the deceased due to non
fulfilment of the same. A plot of land was transferred in nl!llle of the appellant
on the day his wife committed suicide. On a charge framed under Section
304-B(l) read with 498-A IPC, the trial court acquitted the appellant and his
mother and two sisters on an erroneous interpretation of the evidence on
record.
D
The State filed an appeal before the High Court and the mother of the
deceased filed a revision petition before the High Court. The HigYJ eourt by
a common judgment while upholding the acquittal of other accused, set aside
the acquittal against the appellant and convicted him for offences under
E Section 304-B(l) and 498-A IPC. Hence the appeal.

Dismissing.the appeal, this Court

HELD : 1.1. It stands established from the evidence, both oral and
documentary, that even before the date of marriage the appellant had been
F insisting upon dowry and on the betrothal day itself, certain land had to be
transferred in his favour. The evidence further establishes that at the time
of marriage some gold ornaments were given to the deceased. Then again it
is the concurrent finding of the courts below that since the third day after
marriage the appellant was making further demands of dowry which ultimately
G compelled PWs 1and2 to give him a sum of Rs. 50,000 on 10-9-1986. The
evidence on record also demonstrates that before marriage and even pll two
years thereafter the appellant was continuing with his demand for dowry and
that the deceased was subject to cruelty, both mental and physical. The patent
infirmity in the judgment of the trial court in this regard is that it considered
the demand subsequently made in isolation and also failed to notice material
H evidence on record. [66-H; 67-A-C)
RAJJAYANv. STATEOFKERALA 63
1.2. The evidence of PWs 1 and 2 stands amply corroborated by the A
evidence of PW 5. PW 5 testified that the appellant, accompanied by the
deceased, went to his house and told him that the appellant was to get a sum
of Rs. 10,000 and 3 sovereigns, as the balance o.f dowry and that he should
intervene in the matter and persuade PWs 1 and 2 to handover the same. In
view of the insistence of the appellant he gave an assurance to him that he B
would talk to PWs 1 and 2 and ensure that the money is paid and the
ornaments are given to him. Thereafter, PW 5 met PWs 1 and 2 and asked
them to accede to the outcome of his talk with PWs 1 and 2 the deceased
met with her death. The trial court disbelieved the evid.ence of PW 5 as in
the statement recorded under Section 161 CrPC he did not mention that he
went to the house of PWs 1 and 2 and they told him that they would accede C
to his demand. Even if it is assumed that PW S's omission to make such
statements amount to material contradictions, still then, it would not in any
way impair his unrebutted evidence that the appellant came to his house and
asked for additional dowry. There is no reason to disbelieve this evidence.
The evidence of cruelty and harassment for non-payment of additional dowry
is also furnished by CW l(Sister Veronica), who at the material time was D
the Mother Superior of the local "Daughters of Mary" Convent and known
to the parties before and PW 6, an Advocate. (67-E-H; 68-Aj

_2. The stand of the appellant in the statement made by him under S.
313 CrPC that the deceased was not his wife, cannot also be ignored. E
Obviously because his continuous and persistent demand, for dowry were not
being met by PWs 1 and 2, the appellant went to the extent of even disowning
the deceased. Needless to say such conduct of the appellant is an eloquent
proof of his having subjected the deceased to mental and physical cruelty.
Unfortunately all these aspects of the matter were not considered by the trial
court from a proper perspective. [68-D! F

3. Having analysed the entire evidence on record and agreeing with the
High Court that the deceased was subjected to cruelty by the appellant for
dowry soon before her death for which she committed suicide. The conviction
of the appellant under Section 304-B IPC must, therefore, be upheld. Since G
the sentence of rigorous imprisonment for seven years awarded to the appellant
for his conviction is the minimum prescribed, the question of interfering
with the same also does not arise. [68-E-F]

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos.
1259-60 of 1995. H
64 SUPREME COURT REPORTS [1998] 2 S.C.R.

A From the Judgment and Order dated 2.9.94 of the Kerala High Court in
in Crl. A. No. 382/91 and Crl. R.P. No. 600of1991.

M.P. Vinod for the Appellant.
. r '1

E.M.S. Anam and G. Prakash, (M.T. George) (N.P) for the Respondents.
B
The following Judgment of the Court was delivered by

'i M.K. MUKHERJEE, J. Within 3-1/2 years of her marriage Sanalkumari,
a young housewife, met with her death on October 5, 1987 by falling in a well ~
in her matrimonial home. Alleging
. I t,
that it was a 'dowry death' and that her
C husband (the appellant before us), mother-in-law and two sisters-in-law were
responsible for the same a ~a~e ·was registered against them. Following the
charge-sheet (challan) submitted)'Y the Police and the committal enquiry held
by a Magistrate, they were ~(~ced on trial before the Sessions Judge,
1
Thiruvananthapuram to answer~ _charge under Section 304B I.P.C. The trial
D ended in an acquittal of all of ~hem; and aggrieved thereby the State of Kerala
filed an appeal and the motlier of the deceased filed an appeal and the mother
of the deceased filed a rex~iqn p.etition in the High Court. In disposing of
them by a common judgment the High Court reversed the acquittal of the
appellant and convicted him for the above offence. The acquittal of others
was however upheld. The above judgment of the High Court is under challenge
E in these appeal preferred by the appellant.

The prosecution case briefly stated is as follows: The appellant married
the deceased, daughter of P. Ws. I (Leela Bai) and 2 (Madhavan Nadar) on
June 7, 1984 in the Malamkara Syrian Catholic Church, Kanjiramkulam. At the
time of the marriage he obtained by why of dowry 20 cents ofland and 2 gold
F ornaments wroth 20 sovereigns. The document for the transfer of the land
was executed by P. Ws I and 2 on the date of the betrothal. Even on the 3rd
day after marriage the appellant started expressing dis-satisfaction on the
quantum of dowry. As he had by then started construction of a building on
a land belonging to his father availing a loan and the loan amount was
exhausted, he approached P. Ws. l and 2 for the balance amount required to
G construct the building. Since P.Ws. I and 2 failed to meet his demand he and
the other members of his family started harassing and ill-treating the deceased.
In the meantime, the deceased had become pregnant. She was, however, not
allowed to go to her parents' house prior to the delivery; and even after she
was admitted in the hospital for the delivery, they were not intimated about
H it. The deceased gave birth to a female child on July 6, 1985. As a result of
RAJJAYAN v. STATE OF KERALA [M.K. MUKHERJEE, J.] 65

the mental torture during pregnancy, she developed post partum psychosis A
and was under the treatment of P.W. 12 (Dr. M.S. Sivakaumar). Finding the
pitiable predicament of the deceased P. Ws. l and 2 gave Rs. 50,000 in cash
to the appellant as demanded and obtained a release of the 20 cents of land
transferred in his name. Thereafter, the appellant put forth a demand for an
additional amount of Rs. 10,000 and 3 sovereigns. As that demand was not B
immediately met by P.Ws. l and 2 the appellant and other members of his
family continued to torture and harass the deceased. When the torture became
unbearable she committed suicide by jumping into the well in the house of
the appellant.

The appellant pleaded not guilty to the charge levelled against him and C
denied the prosecution story of demand of dowry and torture and harassment
on that score. He asserted that he had a happy conjugal life and that her
death was owing to an accidental fall in the well. Though during cross-
examination of P.Ws. l and 2 it was not even suggested to them that the
deceased was not his wife, in his examination under Section 313 Cr. P. C. he
denied that fact also. D
In support of their respective cases the prosecution examined 20
witnesses and the defence examined 6 witnesses.

On consideration of the evidence adduced by the parties the trial Court
first recorded the following findings:- E
(i) the deceased was the legally married wife of the appellant; (ii)
she committed suicide on October 5, 1987;
(iit) there was a demand of dowry in the form of landed property,
cash and gold ornaments for the marriage between the appellant F
and the deceased; and
(iv) a dowry problem was involved in the marriage relationship
between he appellant and the deceased.
The trial Court proceeded to consider whether the requirements of
Section 304B(l) I.P.C. were factually established in the case with the following G
observations :-"

"As noticed above the demand for Rs. 50,000/- could not have
continued beyond September, 1986. But P. Ws. l and 2 state that
immediately after the transaction evidenced by Exhibit P3 and Exhibit
Dl the Ist accused made a demand for a further payment of Rs. 10,000 H
66 (1998] 2 S.C.R.
' .. ~)

A as given to the elde~ daughter and also wanted the deficit of 3
sovereigns in gold ornaments. P. W. 2 says that his daughter was in
tears hearing this and ·she stated that if further amounts were to be
' ! .•
paid to the Ist accused her younger brother and sisters would not get
even IO cents. If there had been such a demand for payment of
Rs. 10,000 or for 3 sqvereigns gold ornaments and cruelty and
B harassment on that .account till Sanalkumari 's death, then it will be a
"dowry death".

and answered the same in favour of the accused with the following words:-

"Here the evidence shows that the squabbles between the parties
c over allotment of the dowry could have caused mental pain to the
deceased before September, 1986. But there is no acceptable proof of
demands for dowry thereafter and harassment on that account. The
evidence about the incident in 1987 only indicate that the mother-in-
law and the daughter-in-law possibly could not get along well but
there is no proof of a rift between the Ist accused and the deceased.
D
Thus the prosecution has not succeeded in proving that the accused
persons were guilty of cruelty or harassment as contemplated by
Sections 304B and Section 498A I.P.C. and that the death ofSanalkumari
was a dowry death."

E In appeal the High Court concurred with all the findings recorded by the trial
Court against the appellant but disagreeing with the above quoted finding in
his favour passed the impugned judgment.

Keeping in view the well settled principle of law that an order of
acquittal ought not to be set aside unless it is found to be patently wrong
F and wholly unsustainable we have perused the entire evidence and the
judgments of the Courts below. Our such exercise persuades us to hold, at
the outset, that the concurrent findings of fact recorded by the Courts below
in favour of the prosecution are unassailable and need no interference
whatsoever. We are therefore left with the question whether the High Court
G was justified in reversing the finding of the trial Court that there was no
satisfactory evidence to prove that the deceased was subjected to cruelty or
harassment by the appellant for or in connection with any demand for dowry.

It stands established from the evidence, both oral and documentary,
that ·since before the date of marriage the appellant had been insisting upon
H dowry and on the betrothal day itself certain land had to be transferred in his
RAJJAYAN v. STATE OF KERALA [M.K. MUKHERJEE. J.) 67
favour. The evidence further establishes that at the time of marriage some A
gold ornaments were given to the deceased. Then again it is the concurrent
finding of the Courts below that since the 3rd day after marriage the appellant
was making further demands of dowry which ultimately compelled P.Ws. I
and 2 to give him a sum of Rs. 50,000 on September I 0, 1986. The evidence
on record also demonstrates that from before marriage and even till two years B
thereafter the appellant was continuing with his demand for dowry and that
the deceased was subjected to cruelty, both mental. and physical, on that
--< score since marriage. If in the background of the above facts and circumstances,
the relevant evidence of P.Ws. I & 2 and P.W. 5 (Sudhakaran), a cousin of
the deceased, is read there cannot be escape from the conclusion that the
appellant continued with his demands· for dowry and ill-treated the deceased C
till the month of September 1987. The patent infirmity in the judgment of the
trial Court in this regard is that it considered the demand subsequently made
in isolation and also failed to notice material evidence on record.

P. Ws. I and 2 categorically stated that even after the sum of Rs. 50,000
was paid the appellant made a demand for further payment of Rs. I 0,000 on D
the specious plea that they (P. Ws. I and 2) had at the time of the marriage
of their elder daughter given Rs. 60,000 as dowry and that he was yet to
receive gold ornaments worth 3 sovereigns, as promised at the time of his
marriage. It is also the evidence of P. W.2 that his daughter was in tears
hearing this. The evidence of P. Ws. I and 2 in this regard stands amply E
corroborated by the evidence of P.W. 5. He testified that on September 27,
1987 the appellant, accompanied by the deceased went to his house and told
him that he (the appellant) was to get a sum of Rs. 10,000 and 3 sovereigns
as the balance of dowry and that he should intervene into the matter and
persuade P.Ws. I and 2 to handover the same. In view of the insistence of
the appellant he gave an assurance to him that he would talk of P. Ws. I and F
2 and ensure that the money is paid and ornaments given to him. Thereafter,
P.W.5 met P.WS. I and 2 and asked them to accede to the demand of the
appellant. Before, however, he could communicate to the appellant the outcome
of his talk with P.Ws. I and 2 the deceased met with her death. The trial Court
disbelieved the evidence of P. W. 5 as in the statement recorded under Section G
161 Cr. P.C. he did not mention that he agreed to request P.Ws. I and 2 to
_......_ meet the demand of the appellant nor did he mention that he went to the
house of P. Ws. 1 and 2 and they told him that they would accede to the
demand. Even ifit is assumed that P.W.5's omission to make such statements
amount to material contradictions, stin then, it would not in any way impair
his unrebutted evidence that the appellant came to his house and asked for H
68 SUPREME COURT REPORTS [1998] 2 S.C.R.

A the additional dowry. Having carefully gone through his evidence we find no
reason whatsoever to disbelieve. The evidence of cruelty and harassment for
non-payment of additional dowry is also furnished by C. W. l (Sister Veronica),
who at the material time was the Mother Superior of the local 'Daughters of
Mary' Convent and known to the parties from before and P.W.6 (Gangadharan
Nadar), an Advocate practising in the Courts at Nayyattinkara. C.W.l 's good
B offices were requisitioned by P.Ws. l and 2 to bring harmony into the life of
the deceased subsequent to September 10, 1986, and when C.W.l was
..
approached by them P.W.6 was present. Both of them stated that P.W.l told
them that the appellant was quarrelling with the deceased for getting more
money as dowry. Both these witnesses are independent witnesses and there
C is no reason whatsoever to disbelieve them. While on this point we cannot
also ignore the stan~ taken by the appellant in the statement made by him
under Section 313 Cr. P.C. that the deceased was not his wife. Obviously
because his continuous and persistent demands for dowry were not being
met by P.Ws. 1 and 2, the appellant went to the extent of even disowning the
deceased. Needless to say such conduct of the appellant is an eloquent proof
D of his having subjected the deceased to mental cruelty. Unfortunately, all
these aspects of the matter were not considered by the trial Court from a
proper perspective.

Having analysed the entire evidence on record we are in complete
E agreement with the High Court that the deceased was subjected to cruelty by
the appellant for payment of dowry soon before her death for which she
committed suicide. The conviction of the appellant under Section 304B l.P.C.
must, therefore, be upheld. Sinc!e the sentence of rigorous imprisonment for
seven years awarded to the appellant for his conviction is the minimum
prescribed, the question of interfering with the same also does not arise.
F
We, therefore, do not find any merit in these appeals dismiss the same.

R.K.S. Appeal dismissed.