Supreme Court of India
CHABI KARMAKAR & ORS.versusTHE STATE OF WEST BENGAL
- Citation
- 2024 INSC 665
- Decided
- 29 August 2024
- Disposal
- Disposed off
Holding
The conviction under Section 304B IPC is unsustainable without proof of dowry‑related cruelty, but the husband is liable for abetment of suicide under Section 306 and cruelty under Section 498A IPC.
Summary
The deceased, Sonali Karmakar, committed suicide by hanging in her matrimonial home within seven years of marriage. The prosecution alleged that she was subjected to harassment and dowry demands by her husband and in‑laws, leading to her death. The trial court convicted the sister‑in‑law, husband, and mother‑in‑law under Sections 498A, 304B and 306 IPC, but the Supreme Court found insufficient evidence to prove that the cruelty was connected to a dowry demand, a requisite for a 304B conviction. Consequently, the Court set aside the conviction under Section 304B, upheld convictions under Sections 306 and 498A against the husband, and acquitted the sister‑in‑law; the case against the mother‑in‑law was abated due to her death. The husband was sentenced to three years' rigorous imprisonment and a fine of Rs.25,000 for each of the two offences, to run concurrently.
Issues considered
- Whether the prosecution proved the fourth ingredient of Section 304B IPC – that the cruelty or harassment was in connection with a dowry demand.
- Whether the presumption under Section 113B of the Evidence Act could be invoked in the absence of specific evidence of dowry demand.
- Whether the husband can be convicted under Sections 306 and 498A IPC despite the lack of a dowry‑related dowry demand.
Legislation cited
- Dowry Prohibition Act, 1961s. 2
- Evidence Act, 1872s. 113, s. 113B
- Indian Penal Code, 1860s. 304B, s. 306, s. 34, s. 498A
Subjects
Section 498A of Penal CodeSection 304B of Penal CodeSection 306 of Penal CodePresumption under Section 113B of Evidence ActMatrimonial houseMarital discordCrueltySuicide by hangingDowryHarassment
Judgment
[2024] 8 S.C.R. 796 : 2024 INSC 665
Chabi Karmakar & Ors.
v.
The State of West Bengal
(Criminal Appeal No.1556 of 2013)
29 August 2024
[Sudhanshu Dhulia and J.B. Pardiwala, JJ.]
Issue for Consideration
The appellants have been convicted u/ss.498A, 304B and 306
r/w.s.34 of the IPC. The Trial Court had convicted sister-in-law
(appellant no.1), husband (appellant no.2) and mother-in-law of
the deceased and sentenced them to suffer life imprisonment, 3
years R.I and 10 years R.I for offences u/ss.304B, 498A and 306
of IPC respectively, along with fine and other default stipulations.
Both the conviction and the sentence of the present appellants
have been upheld in appeal and the High Court.
Headnotes†
Penal Code, 1860 – s.498A, 304B and s.306 r/w. s.34 –
Evidence Act, 1872 – s.113 – Victim-deceased committed
suicide by hanging herself in her matrimonial house – The
deceased was alone at the time of the incident and the
appellant No. 2, the husband was not in the house at the
time of the incident – The case of the prosecution is that
there was a harassment of deceased which was connected
to the demand of dowry, which led the deceased to commit
suicide:
Held: During the pendency of the appeal, one of the appellants
i.e. appellant no. 3 (mother-in-law of the deceased) had passed
away and the case against her stands abated – From the evidence
which has been placed by the prosecution, there are certain
facts that have been proved beyond any doubt which are: (i)
That the deceased died within seven years of marriage; (ii) The
death was by suicide in her matrimonial house; and (iii) There
was harassment at the hands of her in-laws and particularly by
the husband; (iv) And that there was marital discord between
husband and wife – As far as appellant no.1 (sister-in-law of
deceased) is concerned, she is a married woman and at the
relevant point of time, admittedly, she was residing with her
[2024] 8 S.C.R. 797
Chabi Karmakar & Ors. v. The State of West Bengal
family at her matrimonial home – There is no specific evidence
that has come in the form of any of the prosecution witnesses
that may connect appellant no. 1 to the commission of the
crime – After going through the evidence of PW-1, PW-3, PW-4
and P16 (who are the brother, father, mother and cousin of the
deceased respectively), it becomes clear that the deceased faced
cruelty and harassment at the hands of her husband (appellant
no.2) which compelled her to commit suicide – However, these
witnesses did not state that such cruelty and harassment was
in connection with the demand for dowry – Trial Court raised a
presumption u/s. 113B of Evidence Act to convict the appellants
u/s. 304B of IPC – In the instant case, it has not been proved
by the prosecution that the deceased was subjected to cruelty
soon before her death in connection with the demand of dowry
and hence it is not a case of dowry death u/s.304B of the IPC –
After having considered all the relevant aspects of the matter,
and the evidence of the prosecution, this Court is of the opinion
that a case of abetment of suicide u/s.306 of IPC and cruelty u/s.
498A of IPC is made out against the appellant No. 2, although
the offence u/s.304B is not made out and consequently, the
conviction of appellant no.2 u/s.304B of IPC is set aside – With
respect to the offences u/ss.306 and 498A, the appellant No. 2
is convicted and sentenced to undergo three years of rigorous
imprisonment and a fine of Rs. 25000/- on each count – Also,
appellant no.1 is acquitted for all the offences. [Paras 4, 9]
Case Law Cited
Charan Singh alias Charanjit Singh v. State of Uttarakhand [2023]
3 SCR 511 : 2023 SCC OnLine SC 454; Rajinder Singh v. State
of Punjab [2015] 2 SCR 835 : (2015) 6 SCC 477; State of Madhya
Pradesh v. Jogendra & Anr. [2022] 2 SCR 295 : (2022) 5 SCC
401 – referred to.
List of Acts
Penal Code, 1860; Evidence Act, 1872.
List of Keywords
Section 498A of Penal Code, 1860; Section 304B of Penal Code,
1860; Section 306 of Penal Code, 1860; Presumption u/s. 113B of
Evidence Act; Matrimonial house; Marital discord; Cruelty; Suicide
by hanging; Dowry; Harassment.
798 [2024] 8 S.C.R.
Digital Supreme Court Reports
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1556
of 2013
From the Judgment and Order dated 29.06.2012 of the High Court
of Calcutta in CRA No. 414 of 2009
Appearances for Parties
Ms. Arundhati Katju, Ms. Shristi Borthakur, Ms. Ritika Meena, Ms.
Pinki Aggarwal, Sailesh Kumar Gupta, Mrs. Priya Puri, Advs. for
the Appellants.
Srisatya Mohanty, Ms. Astha Sharma, Abhijit Pattanaik, Advs. for
the Respondent.
Judgment / Order of the Supreme Court
Order
1. The appellants have been convicted under Sections 498A, 304B and
306 read with Section 34 of the Indian Penal Code. The Trial Court
had convicted sister-in-law (appellant no.1), husband (appellant no.2)
and mother-in-law of the deceased and sentenced them to suffer
life imprisonment, 3 years R.I and 10 years R.I for offences under
Sections 304B, 498A and 306 of IPC respectively, along with fine
and other default stipulations. Both the conviction and the sentence
of the present appellants have been upheld in appeal and the High
Court has dismissed the appeal. During the pendency of the appeal,
one of the appellants i.e. appellant no. 3 (Sova Rani Karmakar, the
mother-in-law of the deceased) had passed away and the case
against her stands abated.
2. The brief case of the prosecution is as follows:
The deceased, Sonali Karmakar, and the appellant No. 2, Samir
Karmarkar were married in March 2003, and out of the wedlock,
there is a son who was born on 4.9.2004 (Now 20 years of age).
On 2.5.2006 the deceased committed suicide by hanging herself in
her matrimonial house. The deceased was alone at the time of the
incident and the appellant No. 2, the husband was not even in the
house at the time of the incident. The appellant no. 2 was informed
and the deceased had been taken to the Krishnanagar hospital
[2024] 8 S.C.R. 799
Chabi Karmakar & Ors. v. The State of West Bengal
where she was declared dead. An inquest report was conducted at
the hospital and a post-mortem was conducted on 03.05.2006 by
Dr. Ajit Kumar Biswas (PW-15). Post-mortem report shows that there
were ligature marks around the neck of the deceased and the nature
of the ligature marks shows that it is a case of suicide. Apart from
the ligature marks, there were no other ante-mortem injuries on the
body of the deceased. The report also showed that the deceased
was 22 years of age at the time of her death.
An FIR was lodged by the brother of the deceased at Krishnaganj
Police Station, Nadia on 07.05.2006 i.e. after 5 days of the incident,
alleging that his sister i.e. the deceased was being harassed by
her in-laws on demand of dowry made prior to her death. A case
was registered under sections 498A/304B/34 and a chargesheet
was filed. Thereafter, Trial Court vide order and judgment dated
5.6.2009 convicted the present appellants and mother-in-law under
Sections 498A, 304B, 306 read with Section 34 of the Indian Penal
Code. The case of the prosecution is that there was a harassment
of deceased which was connected to the demand of dowry, which
led the deceased to commit suicide.
3. Prosecution witnesses PW-1, 3 and 16 have all deposed that there
was a demand of dowry about which they were informed when
the deceased had come to her maternal house soon before her
death. The learned counsel for the State would argue that there is
evidence in the form of PW-4 that appellant no. 2 was also having
an extramarital affair with another woman which led to frequent
discord between the deceased and appellant no. 2 and this was
another cause of her harassment.
The learned counsel for the appellants would, however, argue that
this cannot be construed as a demand for dowry and would not
come within the definition of dowry as defined under Section 2 of
the Dowry Prohibition Act, 1961 which reads as under:
“Definition of ‘dowry’ – In this Act, “dowry” means any
property or valuable security given or agreed to be given
either directly or indirectly –
(a) By one party to a marriage to the other party to the
marriage; or
800 [2024] 8 S.C.R.
Digital Supreme Court Reports
(b) By the parent of either party to a marriage or by any
other person, to either party to the marriage or to any
other person,
At or before [or any time after the marriage] [in connection
with the marriage of the said parties, but does not include]
dowry or mahr in the case of persons to whom the Muslim
Personal Law (Shariat) applies.”
The point which is made by learned counsel for the appellants would
be that although a demand can be made either before or “any time
after the marriage”, it should be in connection with the marriage
of the said parties. The counsel for the appellants further argued
that the demand for dowry has not been fully established by the
prosecution hence the death as occurred on 02.05.2006 cannot be
termed as a dowry death.
4. We have heard arguments and counterarguments from both parties
and have gone through the material on record. From the evidence
which has been placed by the prosecution, there are certain facts
that have been proved beyond any doubt which are:
(i) That the deceased died within seven years of marriage;
(ii) The death was by suicide in her matrimonial house; and
(iii) There was harassment at the hands of her in-laws and
particularly by the husband;
(iv) And that there was marital discord between husband and wife.
5. As far as appellant no.1 (sister-in-law of deceased) is concerned,
we are of the view that the prosecution has failed to place any
credible evidence for the involvement of appellant no. 1 i.e. the
sister of appellant no. 2 and sister-in-law of the deceased. Moreover,
appellant no. 1 is a married woman and at the relevant point of
time, admittedly, she was residing with her family at her matrimonial
home. There is no specific evidence that has come in the form of
any of the prosecution witnesses that may connect appellant no. 1
to the commission of the crime and the Trial Court as well as the
appellate Court have not considered this aspect as it should have
been considered on the weight of the evidence which was placed
by the prosecution.
[2024] 8 S.C.R. 801
Chabi Karmakar & Ors. v. The State of West Bengal
Now, the only question left to be determined is regarding the guilt
of appellant no.2 (husband).
6. After going through the evidence of PW-1, PW-3, PW-4 and P-16
(who are the brother, father, mother and cousin of the deceased
respectively), it becomes clear that the deceased faced cruelty and
harassment at the hands of her husband (appellant no.2) which
compelled her to commit suicide. However, these witnesses did
not state that such cruelty and harassment was in connection with
the demand for dowry. With respect to the demand for dowry, they
have just made some general statements which are not sufficient
to convict the appellants under section 304B of IPC.
7. Trial Court raised a presumption under section 113B of Evidence
Act to convict the appellants under section 304B of IPC. The High
Court did not go into the question of whether the trial court was right
in relying upon section 113B of the Evidence Act.
In Charan Singh alias Charanjit Singh vs. State of Uttarakhand 2023
SCC OnLine SC 454, where there were allegations against the
husband that he was subjecting the deceased therein on the demand
of a motorcycle and some land, this Court in relation to Section 113B
of Evidence Act and section 304B of IPC, had noted that:
“21…………………It is only certain oral averments
regarding demand of motorcycle and land which is also
much prior to the incident. The aforesaid evidence led by
the prosecution does not fulfil the pre-requisites to invoke
presumption under Section 304B IPC or Section 113B of
the Indian Evidence Act……
22. XXXXXXX
23. On a collective appreciation of the evidence led by
the prosecution, we are of the considered view that the
prerequisites to raise presumption under Section 304B
and Section 113B of the Indian Evidence Act having not
being fulfilled, the conviction of the appellant cannot be
justified. Mere death of the deceased being unnatural in
the matrimonial home within seven years of marriage will
not be sufficient to convict the accused under Section
304B and 498A of IPC.”
802 [2024] 8 S.C.R.
Digital Supreme Court Reports
Similarly, in the case at hand, it has not been proved by the prosecution
that the deceased was subjected to cruelty soon before her death
in connection with the demand of dowry and hence we are of the
opinion that this is not a case of dowry death under Section 304B
of the Indian Penal Code. PW-1 and PW-3 had only stated that
deceased used to tell them about her torture. PW-4 (mother of the
deceased) did not speak about any demand of dowry after marriage.
Moreover, this witness had said that appellant no.2 used to assault
her deceased daughter as the deceased had objections to the illicit
relation of appellant no.2 with another woman. PW-16, who is the
cousin of the deceased, had deposed in court almost a year after the
testimony of PW-1, 3 & 4 and his deposition regarding the physical
assault of the deceased in connection with the demand of dowry
is also not believable. Considering the aforesaid, in our view, the
trial court erred in raising a presumption under Section 113B of the
Indian Evidence Act, even though the demand for dowry was not
established.
8. On the other hand, the learned counsel for the State of West Bengal
would rely on two judgments of this Court, seeking appellants’
conviction under Section 304B of IPC, both of which were decided
by Three Judges’ Bench of this Court: Rajinder Singh vs. State of
Punjab (2015) 6 SCC 477 and State of Madhya Pradesh v. Jogendra
& Anr. (2022) 5 SCC 401.
The facts in Rajinder Singh (Supra) were entirely different. In that
case, the deceased had died due to consumption of poison and there
were specific allegations against in-laws in the form of evidence from
the deceased’s father, who had given credible evidence that the
in-laws were demanding money for the construction of the house.
There was also evidence of giving a she-buffalo to pacify the in-laws.
Father of the deceased therein further deposed how the Sarpanch
and Ex-Sarpanch of their village went to the matrimonial home of
the deceased for reconciliation where the father of deceased had
promised to give money after harvest of crops.
Jogendra (Supra) was decided by taking into account the peculiar
facts of that case where the evidence of PW-1 therein contained
specific allegations of constant demand for dowry. It was stated that
deceased was asked to raise Rs.50,000 for the construction of house.
[2024] 8 S.C.R. 803
Chabi Karmakar & Ors. v. The State of West Bengal
He further stated that there was even an attempt by the ‘people of
society’ to settle the matrimonial discord between the parties.
In paragraph 9 of Rajinder Singh (Supra), this Court had discussed
the ingredients of Section 304B of IPC as follows:
“9. The ingredients of the offence under Section 304-B
IPC have been stated and restated in many judgments.
There are four such ingredients and they are said to be:
(a) death of a woman must have been caused by any
burns or bodily injury or her death must have occurred
otherwise than under normal circumstances;
(b) such death must have occurred within seven years of
her marriage;
(c) soon before her death, she must have been subjected
to cruelty or harassment by her husband or any relative
of her husband; and
(d) such cruelty or harassment must be in connection with
the demand for dowry.”
The evidence placed before us, in the case at hand, is not sufficient
to prove the fourth ingredient i.e. cruelty or harassment in connection
with the demand for dowry, as laid down by the abovementioned case.
9. All the same, having considered all the relevant aspects of the matter,
and the evidence of the prosecution, we are also of the opinion that
a case of abetment of suicide under Section 306 of IPC and cruelty
under Section 498A of IPC is made out against the appellant No.
2, although the offence under Section 304B is not made out and
consequently, we set aside the conviction of appellant no.2 under
Section 304B of IPC. With respect to the offences under Section
306 and 498A, we convict the appellant No. 2 and sentence him
to undergo three years of rigorous imprisonment and a fine of Rs.
25000/- on each count. Both the sentences shall run concurrently
and in default of fine, he shall undergo further imprisonment of 3
months. Further, we direct that the fine payable shall be paid to the
nearest relative of the deceased within a period of 3 months from
today. The appellant no.2 shall surrender before the concerned Court
within four weeks from today and undergo the remaining sentence.
804 [2024] 8 S.C.R.
Digital Supreme Court Reports
Also, we allow the appeal with respect to appellant no. 1 by acquitting
her for all offences in present case. As she is presently on bail, so
she need not surrender.
The Appeal is disposed of accordingly.
Pending application(s), if any, shall stand(s) disposed of.
Result of the case: Appeal disposed of.
†
Headnotes prepared by: Ankit Gyan
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