SHARAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) For causing the dowry death of his wife Savita, the appellant is convicted under section 304-B and is given the minimum statutory sentence of 7 years rigorous imprisonment and a fine of Rs.1,000/- with the default sentence of rigorous imprisonment for three months. He is additionally convicted under sections 306 and 498-A. Under these two sections he was sentenced to imprisonment for lesser periods and all the sentences were directed to run concurrently. He served out the sentences for the other two offences before he was released on bail by order dated January 3, 2006, passed in this appeal.

(2.) According to the prosecution case, in the marriage negotiation Savita's father had agreed to pay Rs.9,000/- as dowry to the appellant. At the time of marriage, however, he was able to pay only Rs.4,000/- and the balance amount of Rs.5,000/- remained unpaid. It is the case of the prosecution that after marriage Savita had to face harassment and cruelty at the hands of her husband, the appellant, and his parents in connection with the demand for the unpaid amount of the dowry that was promised by her father. When Savita was unable to bear the harassment and cruelty meted out to her, she committed suicide by setting alight after dousing herself in kerosene oil. She suffered 100% burn injuries and died.

(3.) It is an admitted position that Savita died within two and a half years of her marriage with the appellant. It is also undeniable that her death was a case of suicide and it was caused by 100% burn injuries suffered by her. This takes us to the third ingredient of section 304-B and we find that too is fully satisfied by the evidences of her brother Dhanraj, (the complainant) PW.1, Pundalik (her uncle), PW.2 and Sau. Sheela, PW.3, one of the neighbours of Savita s father. All the three witnesses have consistently stated that out of the promised amount of dowry, the sum of Rs.5,000/- had remained unpaid at the time of marriage and during her visits to her father's place Savita used to tell them that the accused ill-treated her for nonpayment of Rs.5,000/- as part of the agreed dowry. The appellant used to say that he would beat her if she failed to bring the unpaid amount from her father.