ISHWAR ALIAS GUDDU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 08.10.2007, passed by Addl. Sessions Judge / First F.T.C., Dehradun, in Sessions trial No. 43 of 2006, whereby appellant Ishwar @ Guddu (husband of the deceased) has been convicted under Section 304-B of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and one punishable under Section 4 of the Dowry Prohibition Act, 1961, and sentenced to undergo rigorous imprisonment for a period of seven years under Section 304-B of I.P.C., and rigorous imprisonment for a period of one year, and further directed to pay fine of Rs. 5,000/- under Section 4 of the Dowry Prohibition Act, 1961.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BEFORE further discussion, it is pertinent to mention here the provisions contained in Section 304-B of I.P.C., which reads as under: "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 purpose 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 with shall not be less than seven years but which may extend to imprisonment for life." It is also pertinent to mention here the relevant provision contained in Section 113B of the Indian Evidence Act, 1972, which reads as under: "113-B. 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)."