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In the absence of evidence on the point that soon before her death the deceased was subjected to cruelty or harassment for or in connection with the demand of dowry, no presumption could be raised under section 113B Indian Evidence Act, 1872. Such an observation was made by the Hon’ble Allahabad High Court before Hon’ble justice Ajai Tyagi in the matter of Roomali & ors vs the State of U.P[CRIMINAL APPEAL No. – 5444 of 2018].

The fact of the case revolved around the mysterious disappearance and murder of the complainant’s married daughter. It was the contention of the complainant that she was murdered by her in-law in regard to the non-fulfillment of dowry.

The Hon’ble High Court observed that no witness produced by the prosecution from PW1 to PW2 has mentioned a single word about dowry demand or harassment due to dowry demand before the death of the deceased. Hence, there is the live link or proximity to the death of the deceased. Further, the Hon’ble High court also stated that  “But, trial court has written “उस दिन भी उसे हेज़ के लिलए उत्पीड़न दिकया गया तथा गला बाकर हत्या कर ी गयी”. It is not known from where the learned trial court has written the words ‘उस दिन भी’ because these three words have not been uttered even by PW1, PW2, PW3 or PW4, therefore, the trial court has not appreciated the evidence of the above witnesses in the right perspective and this finding that on the same day of the death she was subjected to cruelty is perverse”  

Finally, the Hon’ble High Court allowed the appeal and set aside the order of the learned trial court.

Click Here To Read The Judgment.

Judgment reviewed by: Rohan Kumar Thakur