Matrimonial Lawyer: Foremost ingredient for dowry death is demand of dowry, soon before death; SC.

Supreme Court of India

Justice K M Joseph and Justice Sanjay Kishan Kaul

The Supreme Court {Girish Singh versus the State of Uttarakhand} was dealing with the case under Section 304 B IPC for dowry death - in the said case the trial court initially had acquitted the appellants but the High Court has convicted them for the said offence. 

While setting aside the judgement of the High Court and acquitting the appellants, it was held by the SC that the foremost aspect to be established by the prosecution is that there was reliable evidence to show that the woman was subjected to cruelty or harassment by her husband or his relatives, which must be for or in connection with any demand for dowry, soon before her death. It was further held that before the presumption is raised, it must be established that the woman was subjected by such a person, to cruelty or harassment, and it is not any cruelty that becomes the subject matter of the provision, but it is the cruelty or harrassment for in connection with demand for dowry.

It was held by the SC that in the present case having regard to the state of the evidence demand for dowry was not proved, therefore, foremost ingredient of Sec 304 B IPC has not been established. The judgement of the High Court being completely perverse was set aside and the appellants were acquitted.