STATE OF HIMACHAL PRADESH Vs. NIKKU RAM

JUDGEMENT

(1.) Dowry, dowry and dowry. This is the painful repetition which confronts, and at times haunts, many parents of a girl child in this holy land of ours where, in good old days the beleif was :

(2.) The highly injurious and deleterious effect on the girl, her parents and the society at large required legislative interference. It started with enactment of the Dowry Prohibition Act, 1961, containing some penal provisions also. But as the evil coud not be taken care of by this soft statute, the Penal Code was amended first by inserting Chapter XX-A (containing the only Section 498-A) in it by the Criminal Law (Second Amendment) Act, 1983 (46 of 1983); and then, by insertion of Section 304-B by the Dowry Prohibition (Amendment) Act, 1986 (43 of 1986). Section 498-A seeks to protect a married woman from being subjected to cruelty by the husband or his relative. Section 304-B is aimed at those who indulge in "dowry deaths". To give teeth to these provisions, Act 46 of 1983 inserted Section 113-A in the Evidence Act, permitting a Court to presume, having regard to the circumstances of the case, that suicide by the woman was abetted by her husband or his relative. Similarly, Act 43 of 1986 inserted Section 113-B in the Evidence Act requiring some presumption to be drawn in case of dowry death. Amendment was also made in the Code of Criminal Procedure making the offence of dowry death cognizable, non-bailable and triable by a Court of Session.

(3.) In the appeal at hand we are required to decide whether the respondents had committed offences under Sections 304-B and 306 which punishes abetment of suicide. The trial Court (Sessions Judge, Hamirpur) having acquitted all the accused of the aforesaid offences, the State approached Himachal Pradesh High Court seeking leave to appeal against the judgment of acquittal. The High Court refused leave by a short order observing " all the essential features of the prosecution case have remained unsubstantiated" and the accused could not have been convicted on the vague and unsubstantiated allegations". Hence this appeal by special leave.